TANVIR AHMED KHAN, J.-- Leave to appeal is sought against the judgment dated 10.4.2001 whereby a learned Division Bench of the Lahore High Court, Lahore, while dismissing the appeal of respondents Nos. 1 and 2 modified their sentence of death to imprisonment for life with a fine of Rs.
20,000/- each under Sections 302/34, PPC.
2. It is inter alia argued by the learned counsel for the petitioner that the aforesaid conversion of sentence of the respondents has simply been allowed on surmises and conjectures, which is totally against the established principles of administration of criminal justice, In support of his submission he has placed reliance on a number of precedents of this Court.
3. We have considered the above contention raised by the learned counsel for the petitioner and have gone through the entire record with the assistance of the learned counsel for the parties. We have noticed that respondent No. 1, Farhan Mehmood, has already been released from jail after serving out his sentence while respondent No. 2, Arif Masih, according to his learned counsel, could not be released on account of non-payment of fine.
4. Leave to granted to consider, whether the aforesaid modification in the sentence of the respondents by the High Court was in accord with the settled principles governing the safe administration of. Criminal justice as pronounced by this Court.
5. Since respondent No. 1, Farhan Mehmood, has already been released from jail after serving out his sentence, as such we recall the interim order dated 12.2.2000 passed by this Court whereby it was. Directed that the respondents shall not be released from jail till the disposal of the petition.