1994 SCMR 1727

Mst. LATIF BIBI vs ABDUL GHAFOOR and another

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Citation1994 SCMR 1727

CourtSupreme Court of Pakistan

Case No.Criminal Petition for Leave to Appeal No, 458/L of 1993 Appeal No, 167 of

Date1994-02-27

Judge(s)Muhammad Rafiq Tarar and Manzoor Hussain Sial

Authored byMuhammad Rafiq Tarar

ResultLeave refused

Summary

This petition arises from an order of the Lahore High Court suspending the sentence of imprisonment for life awarded to the respondent by the trial court in a murder case. The core legal question before the Supreme Court was whether the High Court's discretionary order suspending the sentence of life imprisonment warranted interference, given that the respondent was not attributed any injury to the deceased and was only alleged to have raised a Lalkara, held the deceased, and given a fist blow to a prosecution witness. The Supreme Court dismissed the petition, holding that since no injury to the deceased was attributed to the respondent, the Court was not inclined to interfere with the discretionary order passed by the High Court. The key principle laid down is that the Supreme Court will generally not interfere with the discretionary suspension of a sentence by a high court where the accused is not alleged to have caused any injury to the deceased.

Questions settled in this judgment

Whether the Supreme Court will interfere with the High Court's discretionary order suspending a sentence of life imprisonment where no injury to the deceased is attributed to the accused?
Does raising a Lalkara and holding the deceased without causing any injury warrant the denial of suspension of sentence pending appeal?

suspension of sentencemurderdiscretionary ordercriminal petitionSupreme Court

' MUHAMMAD RAFIQ TARAR, J.---This petition by Mst. Latif Bibi is directed against the order dated 26- 9-1993 of a learned Single Judge of the Lahore High Court whereby sentence of imprisonment for life awarded to Abdul Ghafoor respondent by the trial Court in a murder case was suspended.

2. The respondent was not alleged to have caused any injury to the deceased and the only allegation against him was that he raised Lalkara, took the deceased into his hold and gave a fist blow to a P.W.

3. We have heard the learned counsel for the petitioner. Admittedly no injury to the deceased was attributed to the petitioner, therefore, we do not feel inclined to interfere with the discretionary order passed by the High Court. The petition is dismissed.

Cited by 2 cases

IBRAHIM alias ABU Versus State 2017 YLRN 91
ABDUL GHAFFAR Versus State 2017 YLRN 30