Pakistan Case Law
2005 C.L.R. 30

Saqib Ali vs The State

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Citation2005 C.L.R. 30
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 527-L of 1999
Date1999-11-24
Judge(s)Wajihuddin Ahmed, Irshad Hasan Khan, Munir A. Sheikh
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against an order of the High Court, which had refused to suspend the execution of a death sentence imposed on the accused during the pendency of the substantive appeal. The core legal question before the Supreme Court was whether the High Court's discretionary decision to decline the suspension of a death sentence warrants interference by the apex court. The Supreme Court held that it was not inclined to interfere with the High Court's discretionary order. Consequently, the petition was dismissed and leave to appeal was declined. The judgment reinforces the principle that the Supreme Court will generally not interfere with the discretionary exercise of power by the High Court regarding the suspension of sentences pending appeal, absent compelling reasons or legal error.

Questions settled in this judgment
  • Does the Supreme Court interfere with a High Court's discretionary order declining to suspend a death sentence pending appeal?
  • Is the suspension of a death sentence during the pendency of an appeal a matter of judicial discretion?
death sentencesuspension of sentencediscretionary orderleave to appealcriminal appeal

ORDER

IRSHAD HASAN KHAN, J.--After hearing the learned counsel for the petitioner, we are not inclined to interfere with the discretionary order of the High Court declining to suspend the death sentence awarded to the accused while the appeal is pending before the High Court.

2. Resultantly, the petition is dismissed and leave declined .

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