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1987 SCMR 1760

IKHLAQ AHMAD And Another vs The STATE

Citation1987 SCMR 1760
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.218 of 1986 Criminal Miscellaneous No.3-B of 1986
Date1987-04-25
Judge(s)Nasim Hasan Shah, Saad Saood Jan
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.-- The petitioners have been convicted under Section 302/34 PPC and sentenced to undergo imprisonment for life. They filed an appeal before the High Court which is still pending. Meanwhile, they also applied to the High Court for suspending their sentence pending disposal of their aforesaid appeal. This was refused on 10-5-1986. They have now approached this Court with the same prayer. '

2. Obviously it will not be appropriate for this Court to say anything in such a case when the matter is pending before the High Court in appeal.

3. However, the learned counsel argued that he has a very strong case on merits and the accused are likely to be acquitted and their continued incarceration in jail is most unjust. Hence the appeal filed by them before the High Court should at least be heard very early, namely, within a month or so.

4. This is a matter for the learned High Court. We may, however, observe that if possible the appeal filed by the petitioners in the High Court may be heard at a very early date.

5. This petition, with these observations, stands dismissed.

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