' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment dated 2nd March, 1999 passed by Lahore High. Court, Lahore whereby death sentence awarded to respondent No,1 by the trial Court vide judgment dated 1st July, 1992 under sections 302/452, P.P.C. Has been altered to imprisonment for life with benefit of section 382-B Cr.P.C.
2. V We are informed by the learned counsel for petitioner that convict/respondent No,1, after serving the entire period of his sentence, awarded to him by the learned High Court vide judgment dated 2nd March, 1999 has been released from custody.
3. We have pointed out to learned counsel that in view of judgments reported in Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302, Mst. Promilla and others v. Safeer Alain and others 2000 SCM R 1166 and Amir Khan and others v. The State and others 2002 SCM R 403 whether an accused, who had served out the substantial/legal sentence, can be awarded another sentence for the same offence and it would not be in violation of the provisions of Article 13 of the Constitution of Islamic Republic of Pakistan.
' The learned counsel stated that the respondent No,1 was not awarded legal sentence by the High Court in exercise of writ jurisdiction because alternate remedy was available to him.
But in our opinion this objection of the learned counsel is only of academic nature at this stage for the reasons noted above because this Court in above noted judgments has held that if an accused has served B out the substantial/legal sentence for an offence, he cannot be awarded another sentence for the same offence. Additionally it may be added that it would be unfair, unjust and would also be in violation of Article 13 the Constitution of Islamic Republic of Pakistan read with section 403, c Cr.P.C., if now accused/convicts are vexed with another sentence for the same offence.
Thus for the foregoing reasons, petition stands dismissed and leave declined.