MANZOOR AHMAD, MALIK, J.---Appellant Tahir Javed @ Tara along with his co-convict namely Amanat Ali were indicted to face trial in case FIR No. 164/20Q2, dated 19.07.2002, offence under sections 302/324/34, P.P.C., registered at Police Station City Chichawatni, Distrit Sahiwal. The learned trial Court, after a full-fledged trial, convicted the appellant under section 302(b), P.P.C. and sentenced him to death. He was also directed to pay compensation of Rs.300,000/- to the legal heirs of the deceased under section 544-A, Code of Criminal Procedure, in default whereof to undergo SI for six months. Amanat Ali, co-accused was convicted under section 324, P.P.C. and was sentenced to imprisonment for 10 years, with fine of Rs.50,000/- in default whereof to undergo SI for three months. He was also convicted under section 337-D, P.P.C. and sentenced to 10 years as tazir and was held liable to pay Arsh i.e. 1/3rd of the diyat amount. He was also given the benefit of section 382-B, Code of Criminal Procedure. The ' appellant and his co-convict filed separate criminal appeals before the learned High Court against their convictions/ sentences, which came up for hearing before a learned Division Bench of the Lahore High Court, Multan Bench on 17.06.2009, and were disposed of through a short order in the following manner:- "2. For the reasons recorded in our detailed judgment of even date, both the appeals are dismissed. Conviction awarded to both the appellants by the learned trial court is maintained.
However in view of mitigating circumstances death penalty awarded to Tahir Javed alias Tara is modified from death to life imprisonment. He is also allowed benefit of section 382-B, Cr.P.C.
3. Death sentence not confirmed.
4. Murder reference answered in negative."
2. It is relevant to mention here that no detailed judgment as alluded to in aforesaid short order is available on the record. Thereafter, the appellant Tahir Javed @ Tara filed a jail petition for leave to appeal against the aforesaid order of the learned High Court, which was examined by two Hon'ble Judges of this Court in chambers and leave was granted on 28.01.2010, relevant paras whereof are reproduced herein under:- "The office was directed vide note dated 13.1.2010 to place on record the detailed judgment as with this jail petition only a short order has been annexed. The office was further directed to find out whether the complainant of the case has filed any petition for the enhancement of the sentence or not.
The office has replied that no petition has been filed by the complainant of the case for enhancement of the sentence. The office has further replied that no detailed judgment had been passed in the case in hand; as per circular Endst: No.24192/CRs dated 10.10.2009 of the Lahore High Court, the cases pending before the deposed Judges in which order has been announced and the short order had been recorded/ signed by the Hon'ble Single Judge and in case of Division Bench, by both the Hon'ble Members of the Division Bench, shall be treated as disposed of cases.
As mentioned above, detailed judgment had not been recorded, therefore, in view of the aforesaid circumstances, I am of the view that it is a fit case for grant of leave. Leave may be granted."
3. No one is present on behalf of the appellant. Therefore, in the larger interest of justice, we have gone through the order of the learned High Court, the leave granting order of this Court and the available record with the assistance of learned Law Officer.
4. We are very much conscious of the fact that the learned High Court, as discussed above, has not put in the detailed reasons/judgment for its short order while reappraising the evidence qua the conviction/ sentence of the appellant and his co-convict, reasons whereof are provided in the leave granting order of this Court to the effect that on the strength of circular Endst: No. 24192/CRs dated 10.10.2009 of the Lahore High Court, the cases pending before the deposed Judges in which order has been announced and the short order had been recorded/signed by the Hon'ble Single Judge and in case of Division Bench, by both the Hon'ble Members of the Division Bench, shall be treated as disposed of cases. In these circumstances, we are of the firm opinion that notwithstanding the fact that learned High Court has answered the murder reference in the negative and while maintaining the convictions of the appellant and his co-convict, reduced the sentence of appellant from death to imprisonment for life, it would not be proper to scrutinize the evidence on record in absence of detailed reasons which would have weighed with the learned High Court while reaching the said decision. We, therefore, allow this appeal, set aside the short order passed by the learned High Court and remand the case back to the learned High Court to decide the criminal appeals filed by the appellant and his co-convict and the Murder Reference sent by the learned trial Court afresh after hearing the parties, in accordance with law within four months of the receipt of this order, positively. The criminal appeals filed by the appellant and his co-convict and the murder reference sent by the learned trial Court shall be deemed to be pending before the learned High Court. The learned High Court shall issue notices to both, the appellant and his 0-convict. However, as it is manifest from the report of the Superintendent Central Prison, Faisalabad, the appellant Tahir Javed @ Tara was released on bail by the order of the learned High Court on 26.03.2016 after suspension of his sentence, we order that the said bail order shall remain intact till the final disposal of his appeal but the appellant shall be bound to appear before the learned High Court on each and every date of hearing of his appeal.