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2003 SCMR 1695

MANZOOR alias TIWANA vs THE STATE

Citation2003 SCMR 1695
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,193-L of 2001
Date2002-04-01
Judge(s)Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh
ResultLeave refused

ORDER

' MUNIR A. SHEIKH, J.--This petition is directed against the interim order, dated 26-2-2002 through which application filed by the petitioner seeking suspension of his sentence of life imprisonment during pendency of his appeal has been dismissed by the Lahore High Court on the ground that his previous application had already been dismissed and no fresh ground had been made out.

2. Learned counsel for the petitioner admitted that the ground which he was trying to urge before the High Court in fresh application was available when he made the previous application but the said ground having not been decided on merits should have been allowed to be argued.

3. The argument has no force. Besides we have gone through order, dated 10-4-2001 passed in the previous application of the petitioner and find that the petitioner had urged all, the grounds which he has argued today. It was found that according to the conviction recorded B by the Trial Judge, the petitioner was attributed the role of stabbing Khalid deceased repeatedly therefore, the submission made by the petitioner regarding his innocence required reappraisal of evidence which may lie done at the time of hearing of the appeal.

4. No ground has been made out for interference in the well-I reasoned discretionary order passed by the High Court declining plea of suspension of sentence therefore, this petition has no merits which is accordingly dismissed and . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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