Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No.1 of 1984 and Criminal Appeal No.279 of 1983, decided on 14th March, 1984.
‑‑‑S.426‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑Admittedly petitioner committing murder of an infant about 4 months old at spur of moment and for no enmity‑‑Circumstances, held, requiring examination qua extent of guilt of petitioner‑‑Petitioner released on bail and operation of his sentence suspended, in circumstances.
Shahibzada Farooq Ali Khan and Altaf Ibrahim for Petitioner.
Zafar Mahmood Anjum for the State.
Hakim Ali petitioner stands convicted under section 302, P.P.C. I and sentenced to life imprisonment and fine on the allegation of committing the murder of Mst. Zarina, aged about 4 months.
2. He has applied for suspension of the sentence on the medical and other grounds. He was referred to the Medical Superintendent, Civil Hospital, Multan who apart from trivial bronchitis has not found any infirmity.
3. Learned counsel for the petitioner has referred to certain portions of the impugned judgment to show that it was an unpremeditated murder. The observations of the learned Additional Sessions Judge at page 8 of the judgment are as under:‑
"It is not disputed that Zarina deceased was aged about 4 months and was evidently frail, weak and irresistant. Since there was no enmity between the parties and the occurrence took place at the spur of moment it is not understandable that Hakim Ali accused had no intention to do away with the life of Mst. Zarina."
Towards the close of the judgment the learned trial Judge has observed:
"that even if section 304, P.P.C. is applied the result shall not be different."
Learned counsel for the petitioner has cited some precedents to show that in cases proceeding on similar facts the superior Courts had ultimately altered conviction from section 302 or 304 to sections 324 and' 325, P.P.C.
4. The circumstances pointed out by the learned trial Court required examination qua the extent of the guilt of the petitioner/appellant. Accordingly, I grant the petition and suspend the operation of the sentence of the petitioner. He shall be released on bail on furnishing bail bonds in the sum of Rs.25,000 (Twenty‑five thousand) with two sureties in the like amount to the satisfaction of A.C. Mailsi.
S. G. D. Bail allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer