1996SCMR540 (PLP)
MUHAMMAD SHAFIQUE‑‑‑Appellant Versus SHER KHAN and another‑‑‑Respondents
| Citation | 1996SCMR540 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sajjad Ali Shah, C.J., Muhammad Munir Khan and |
| Parties | MUHAMMAD SHAFIQUE‑‑‑Appellant Versus SHER KHAN and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1996SCMR540 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996SCMR540 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sajjad Ali Shah, C.J., Muhammad Munir Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996SCMR540 (PLP) (MUHAMMAD SHAFIQUE‑‑‑Appellant Versus SHER KHAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S. Abul Aasim Jaferi, Advocate‑on‑Record for Appellant.
- Nemo for Respondent No. 1. Raja Abdul Ghafoor, Advocate Supreme Court for the State.
- Date of hearing: 22nd January, 1995.
- S. Abul Aasim Jaferi, Advocate-on-Record for Appellant.
Headnotes / Summary
(a) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑‑S. 304, Part I‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted at the instance of the complainant to re‑examine the case of conviction and sentence of accused. (b) Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑‑S. 304, Part I‑‑‑Constitution of Pakistan (1973), Art. 185‑‑‑Summoning of accused‑‑‑After having granted leave to appeal at the instance of complainant, bailable warrants were issued by Supreme Court against the accused which could not be served on him as according to the reports of the Trial Court and the District Magistrate he had proceeded to tribal area after serving out his sentence and was not traceable‑‑‑However; residential address of accused was available on the record of High Court as well as of Supreme Court‑‑‑Open non‑bailable warrants, in the circumstances, were directed to be issued for apprehension of accused which were to be served through Trial Court.
Judgment & Decree
(b) Penal Code (XLV of 1860)
S. 304, Part I
Constitution of Pakistan (1973), Art. 185
After having granted leave to appeal at the instance of complainant, bailable warrants were issued by Supreme Court against the accused which could not be served on him as according to the reports of the Trial Court and the District Magistrate he had proceeded to tribal area after serving out his sentence and was not traceable
However; residential address of accused was available on the record of High Court as well as of Supreme Court
Open non-bailable warrants, in the circumstances, were directed to be issued for apprehension of accused which were to be served through Trial Court. S. Abul Aasim Jaferi, Advocate-on-Record for Appellant. Nemo for Respondent No.
1. Raja Abdul Ghafoor, Advocate Supreme Court for the State. Date of hearing: 22nd January, 1995. For offence under section 302/34, P.P.C., the trial Court convicted respondent Sher Khan and sentenced him to death and awarded life imprisonment to Azam Khan and Javaid Khan. On appeal, the High Court altered the conviction from section 302 to section 304 (1), P.P.C. and reduced the sentence of Sher Khan from death to R.I. for seven years and acquitted Azam Khan and Javaid Khan. Leave was granted by this Court at the instance of the complainant to re-examine the case of conviction and sentence of respondent Sher Khan only. Whereas, leave was refused against acquittal of the other two.
2. Bailable warrants were issued by the order of this Court against respondent Sher Khan. But reports have come from the trial Court and the District Magistrate, which are to the effect that he is not traceable, for he has proceeded to the tribal area after serving out the sentence. As against that the record shows that at the time of the incident he was employed as Chaukidar by Mohalla people and his residential address is shown at page No.54 of the paper book of the High Court and page No.41 of the paper book in this appeal, which is to the effect that he is resident of Gali Bishandas Wali, Abadi Hakim Rai, Baghbanpure, District Gujranwala.
3. In the circumstances, we order that open non-bailable warrants be issued, which should be served through, the trial Court and after apprehension of respondent Sher Khan, intimation be given by the trial Court to this Court so that the appeal can be fixed for immediate hearing. N.H.Q./M-3004/S. Order accordingly.