| Case ID |
ecbcaa94-46fe-406c-b6aa-51ad6dfc3a0f |
| Body |
View case body. Login to View |
| Case Number |
Civil Miscellaneous No. 2 of 1993 in Criminal Appe |
| Decision Date |
Dec 08, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the application for suspension of sentences filed by Fateh Muhammad and Khan Muhammad, who were convicted for the murder of Muhammad Riaz and attempted murder of Muhammad Mumtaz. The court noted that the statutory period for appeal had expired, but the petitioners were not entitled to suspension of their sentences as the appeal would be fixed for disposal within four months. The judges emphasized that even though the statutory period was over, the court could still refuse bail for just and proper reasons. The case highlights the importance of timely disposal of appeals and the court's discretion in granting bail. |
| Summary |
The case of Fateh Muhammad and Khan Muhammad against THE STATE revolves around their conviction for murder and attempted murder. The Lahore High Court addressed their application for suspension of sentences under section 426(1-A)(C) of the Criminal Procedure Code, which stipulates that bail can be granted if an appeal is not disposed of within two years. Despite the expiration of this period, the court found that the petitioners were not entitled to suspension of their sentences since the appeal would be fixed for hearing within four months. The judges referred to prior cases, reinforcing the legal precedent that while bail can be granted, the court retains the authority to refuse it based on the circumstances. This case underscores the legal framework surrounding bail and the rights of convicted individuals seeking to appeal their sentences, while also highlighting the judicial system's commitment to expediting the appeal process. Keywords: bail, criminal appeal, Lahore High Court, murder conviction, legal precedent, suspension of sentence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
RAJA AFRASIAB KHAN
|
| Lawyers |
Ijaz Hussain Batalvi for Petitioners,
Sardar M. Latif Khan Khosa for the Complainant,
Pervaiz Inayat Malik for the State
|
| Petitioners |
FATEH MUHAMMAD,
Khan Muhammad
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 1472,
1994 PLD 198
|
| Other Citations |
Shahbaz v. The State 1992 SCMR 1903,
Shahbaz v. The State 1991 SCMR 1903
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
426 (1-A) (c),
302/34,
307/34
|