' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This appeal by leave of the Court has been filed against the judgment, dated 9th July, 2002 passed by the Lahore High Court, Lahore, in Criminal Appeal No,736 of 1997 with Murder Reference No,303 of 1997.
2. It is informed by the learned counsel for respondents that the respondent No,1 has already served the legal sentence of life imprisonment awarded to him under section 302(b), P.P.C. By the learned High Court vide impugned judgment, therefore, relying on the judgments of this Court, dated 19th October, 2004 decided in the case of Sajjadullah alias Sajjad Asad v. The State Jail Petition No,191 of 2004 and dated 26th January, 2005 in the case of Ghulam Ali 'v. Muhammad Yousuf and others in Criminal Petition No,307-L of 2002 and also in the cases reported as Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302, Mst. Promilla and others v. Safeer Alam and others 2000 SCM R 1166, Amir Khan and others v. The State and others 2000 SCMR 403 and Abdul Haq v.
Muhammad Amin alias Manna and others 2004 SCM R 810 the appeal has become infructuous.
3. On the other hand learned counsel for appellant stated that the question with regard to the length of the period of life imprisonment and serving out legal sentence during the pendency of appeal for enhancement of sentence is already under consideration before a larger Bench of this Court, therefore, till then instant petition be kept pending.
4. It may be noted that in so many cases we have already held that on serving out of sentence during pendency of appeal for enhancement, the convict cannot be sentenced for another sentence like death etc. Thus, we are bound to follow same law so far it exists. Therefore, it is held that appeal has become infructuous if the respondent Saqlain has already served out the sentence. He is ordered to be released forthwith because he is in custody in pursuance of order dated 18th April, 2003 whereby while granting leave, Superintendent Jail was directed not to release him.