2006 SC MR 999 (PLP)
MUHAMMAD SABIR — Petitioner Versus THE STATE — Respondent
| Citation | 2006 SC MR 999 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ |
| Parties | MUHAMMAD SABIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 SC MR 999 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 SC MR 999 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 SC MR 999 (PLP) (MUHAMMAD SABIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 185(3)---Neither petitioner/accused, nor acquitted accused and proclaimed offenders, were nominated in F.I.R.---Co-accused were acquitted on same evidence---Prosecution had not disclosed any source about involvement of petitioner or that of other accused---Even Investigating Officer, had not shown the source of involvement of petitioner in the offence---Identification test had been held after a considerable delay for which no explanation had been furnished---Leave to appeal was granted to reappraise and re-evaluate evidence in detail for safe administration of justice.Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioner.Dil Muhammad Tarar, Advocate Supreme Court for the State.
- Date of hearing: 20th March, 2006.
Headnotes / Summary
(On appeal from the judgment, dated 2-11-2004 of the Lahore High Court, Rawalpindi Bench, Rawalpindi passed in Criminal Appeal No.123 of 1999).
Judgment & Decree
In support of grant of leave, learned counsel for the petitioner, inter alia, contended that: (1). In this case neither petitioner Muhammad Sabir nor acquitted accused Mst. Shaista Zeb, Aftab Ahmad and proclaimed offenders namely, Ajmal and Mehmood were nominated in the F.I.R. Petitioner was convicted and sentenced whereas Mst. Shaista Zeb and Aftab were acquitted on the same evidence; (2). Prosecution has not disclosed any source about involvement of petitioner or that of other accused in offence. Even Investigating Officer Muhammad Razzaq (P.W.15) has not shown the source of involvement of petitioner in the offence; and (3) Identification test has been held after a considerable delay for which no explanation has been furnished.
2. Accordingly, leave to appeal is granted to reappraise and re-evaluate the evidence in detail for the safe administration of criminal justice. H.B.T./M-56/SC Leave granted.