| Case ID |
ffcd40de-1755-488c-8695-7b1677ba21d4 |
| Body |
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| Case Number |
Cr. M. Petition No. 36/B of 2018 in Cr. A. No. 101 |
| Decision Date |
Sep 04, 2018 |
| Hearing Date |
Sep 04, 2018 |
| Decision |
The petition for the suspension of sentence for Sher Jan was accepted. The sentence was suspended, and Sher Jan was directed to be released on bail subject to furnishing bail bonds in the sum of Rs. 3,00,000/- with two sureties each in the like amount to the satisfaction of learned trial Court/ASJ-III, Lakki Marwat. The petitioner is required to appear before the Court in person on each date of hearing of his main appeal. |
| Summary |
This case, heard in the Peshawar High Court, involves the criminal proceedings against Sher Jan, who was accused of ordering his son, Baitullah, to murder Naseer Muhammad. The incident took place on May 3, 2014, when the complainant, Mehrab Khan, reported that Sher Jan and Baitullah attacked his son. Sher Jan allegedly commanded Baitullah to shoot Naseer Muhammad, leading to his death. The trial court convicted Sher Jan under sections 302(b) and 34 of the Pakistan Penal Code, sentencing him to life imprisonment and imposing a compensation of Rs. 20,00,000/-. The defense argued that the conviction under section 34 was unwarranted due to a lack of evidence. The court acknowledged that the final determination of these allegations would occur during the main appeal, which was not imminent. Consequently, the court suspended Sher Jan's sentence and granted bail, requiring him to post bail bonds totaling Rs. 3,00,000/-. The case highlights the complexities of criminal law, particularly regarding the suspension of sentences and the discretion of appellate courts in such matters. |
| Court |
Peshawar High Court
|
| Entities Involved |
Nisar Ahmad,
Sher Jan,
Baitullah,
Naseer Muhammad,
Mehrab Khan
|
| Judges |
ABDUL SHAKOOR,
SHAKEEL AHMAD
|
| Lawyers |
Muhammad Rashid Khan Dirma Khel,
Muhammad Ashraf Marwat,
Shahid Hameed Qureshi
|
| Petitioners |
SHER JAN
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2019 SLD 724,
2019 MLD 50
|
| Other Citations |
Altaf Hussain Shah v. The State 1986 PCr.LJ 2202,
Allah Yar and another v. The State 1996 PCr.LJ 211,
Mumtaz Ali and another v. The State 2012 YLR 2204,
Muhammad Ashfaq v. The State 2005 YLR 2314,
Noor Muhammad v. The State and another 2013 YLR 235,
Muhammad Ali v. The State 2007 YLR 2986,
Mst. Nasreen Bibi v. The State PLD 2007 Lah. 531,
Muhammad Yaseen v. The State 2007 MLD 1066,
Mumtaz Hussain v. The State 2006 YLR 2385
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
426(A),
426(1),
34,
302
|