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1983 SCMR 568

YAHYA BAKHTIAR vs The STATE

Citation1983 SCMR 568
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No. Q-1 of 1981
Date1983-02-09
Judge(s)Mian Burhanuddin Khan, Nasim Hasan Shah, Aslam Riaz Hussain,
ResultAppeal allowed

ORDER

1. MUHAMMAD HALEEM, ACTG. C. J.-We have heard learned counsel for the. Parties at length for several days and have reached the conclusion that although rigging was done on a large scale in the Constituency in question but the prosecution has failed to establish that it had been done by the appellant either directly or through any other person within the meaning of Article 2 (aa) of the Holders of Representative Offices (Punishment for Misconduct) Order, 1977 (President's Post Proclamation Order No. 16 of 1977). Accordingly for the reasons to be given later, we set aside the judgment of the Special Court dated 31-3-1981 and acquit the appellant. His bail bonds are discharged.

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