JUDGMENT CH. MUSHTAQ AHMAD KHAN, J.- Sheikh Rashid Ahmad. M.N.A., the appellant before this Court, has been convicted under Section 13 of Pakistan Arms Ordinance (XX of 1965) and has been sentenced to seven years' R.I. With a fine of Rs. 2.0. 000/- (Rupees two lacs), in default payment whereof, with a further sentence of two years'
R.1., by the learned Judge, Special Court No. 1 (Punjab) for Suppression of Terrorist Activities, Rawalpindi vide judgment dated 9.2.1995. This judgment has been challenged before us in this appeal.
2. The case has been partly argued on behalf of the appellant by Mr. Ijaz Hussan Batalvi, Senior Advocate and was fixed for further hearing for today. An application has been filed on behalf of Mr. Ijaz Hussan Batalvi, learned senior counsel for the appellant, to postpone the hearing of this matter to 12.3.1996. As he is not feeling well today and, hence, is not in a position to argue the appeal.
3. Learned Law Officers, who have appeared on behalf of the State, under instructions, state that they do not wish to contest this appeal and have no objection if the same is accepted and the appellant is acquitted, In view of above statement, Mr. Ibad-ur-Rehman Lodhi Advocate, learned counsel for the appellant does not press the application for grant of adjournment of this appeal.
Hence, the same is disposed of as not pressed.
4. In view of the statement made by the learned counsels for the State, the appeal is accepted, judgment of conviction and sentence passed by the learned Judge. Special Court for Suppression of Terrorist Activities, Rawalpindi dated 9.2.1995 is herein set aside and the appellant is acquitted.
He shall be released from the jail forthwith unless required/conamed in anyother case.