| Case ID |
ffe1495b-7303-48c1-b6d9-82673d3f632b |
| Body |
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| Case Number |
Criminal Appeal No. 112 of 1988 |
| Decision Date |
Aug 07, 1988 |
| Hearing Date |
Aug 07, 1988 |
| Decision |
The Supreme Court of Pakistan set aside the order of the Lahore High Court which had suspended the sentences of the respondents and released them on bail. The High Court had misread the sentences awarded under different sections of the Penal Code, and the grounds for suspension of sentences and bail amounted to a deeper appreciation of evidence, which should have been examined during the main appeal hearing, not at the suspension stage. The appeal was accepted, the High Court's order was set aside, and the bail allowed to the respondents was canceled. |
| Summary |
This case involves a criminal appeal filed in the Supreme Court of Pakistan against a decision by the Lahore High Court. The appeal was brought by Mst. Khalida Numtaz, the appellant, against Hamid Ali Khan and others, the respondents. The core issue was the High Court's decision to suspend the sentences of the respondents and grant them bail. The court had misread the sentences under various sections of the Penal Code and allowed bail based on grounds that required deeper appreciation of evidence, which should have been assessed during the main appeal hearing. The Supreme Court found that the High Court's decision was flawed as it misinterpreted the sentences and failed to provide cogent reasons for suspending the sentences and granting bail. Consequently, the Supreme Court set aside the High Court's order, canceled the bail, and directed that the respondents' appeal be expedited once they surrendered to the police. This case highlights the importance of accurate interpretation of legal provisions and the procedural propriety in handling appeals. Keywords: Supreme Court of Pakistan, Lahore High Court, Criminal Procedure Code, Penal Code, appeal, misreading, suspension of sentence, bail, legal interpretation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Magistrate Section 30 (Judicial) Lahore Cantt
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
JAVID IQBAL
|
| Lawyers |
Not available
|
| Petitioners |
Mst. KHALIDA NUMTAZ
|
| Respondents |
Others,
HAMID ALI KHAN
|
| Citations |
1988 SLD 2884,
1988 SCMR 1973
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
426,
307,
148,
457,
380,
185(3)
|