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2006 SCMR 605

Dr. AZHAR ATTA MALIK vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU

Citation2006 SCMR 605
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,251 of 2004
Date2005-07-25
Judge(s)Iftikhar Muhammad Chaudhry, Sayed Saeed Ashhad, M. Javed Buttar
ResultPetition dismissed

ORDER

1. ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition has been filed against the judgment dated 27th April, 2004 of the Lahore High Court, Lahore whereby the appeal has been disposed of in view of the request so made on behalf of the petitioner namely that (appellant) convict does not want to challenge the conviction but only prays that sentence may be altered to one under section 409, P.P.C. Read with section 8 of the National Accountability Ordinance, 1999 etc. When we inquired from the learned counsel that as to how instant petition for leave to appeal is competent in such circumstances. He stated that counsel appearing for the convict/petitioner had not pressed the appeal on merits against the direction of appellant. We are not inclined to agree with his submission because learned counsel is always authorized to make statement on behalf of the party for whom he is appearing. Therefore, instant petition for leave to appeal is not maintainable.

2. ' Thus, for the foregoing reasons, petition for leave to appeal is dismissed. Leave declined.

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