Pakistan Case Lawโ† Search
2007 SCMR 1399

MASAL KHAN and another vs THE STATE

Citation2007 SCMR 1399
CourtSupreme Court of Pakistan
Case No.Jail Petition No,345 of 2005
Date2007-04-30
Judge(s)Ghulam Rabbani, Faqir Muhammad Khokhar
Resultorder accordingly

ORDER

' FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners were tried in case F.I.R. No,485, dated 1-8-2003, registered at Police Station Chamkani, District Peshawar and were convicted under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 7 of the Anti-Terrorism Act, 1997. They were sentenced to 7 years' R.I. Each, vide judgment dated 20-5-2004, passed by the trial Court. A learned Division Bench of the Peshawar High Court, Peshawar, dismissed their Jail Criminal Appeal No,419 of 2004, vide judgment, dated 10-9-2004. Hence, this Jail Petition No,345 of 2005 for leave to appeal.

2. At the outset, the learned counsel representing the petitioners stated that he would not press this petition on merits but would seek the indulgence of this Court for the grant of benefit under section 382-B, Cr.P.C. In view of the law laid down by this Court in the case of Ghulam Murtaza v. The State PLD 1998 SC 152.

3. The learned counsel for the State has no objection thereto.

4. In this view of the matter, this petition is converted into appeal and the same is partly allowed by condoning the delay. The impugned judgment of the High Court is modified to the extent that the appellants/petitioners shall be entitled to the benefit of section 382-B, Cr.P.C. For the period they remained under-trial prisoners. No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch