2003 PLP 579 (SCMR)
AZIZ MUHAMMAD ‑‑‑Petitioner Versus QAMAR IQBAL and others‑‑‑Respondents
| Citation | 2003 PLP 579 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | N/A |
| Parties | AZIZ MUHAMMAD ‑‑‑Petitioner Versus QAMAR IQBAL and others‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 2003 PLP 579 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 579 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 579 (SCMR) (AZIZ MUHAMMAD ‑‑‑Petitioner Versus QAMAR IQBAL and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Talib H. Rizvi, Senior Advocate Supreme Court and C. M. Latif, Advocate‑on‑Record for Petitioner.
- Date of hearing: 22nd May, 2002.
- Abdul Rauf Farooqui, Advocate Supreme Court for the State.
- 3. After hearing the learned counsel for petitioner at some length have invited his attention towards the cases of Mst. Razia Begum v. Jehangir and others (PLD 1982 SC 302), Mst. Promilla and others v. Safeer Alam and others (2000 SCMR 1166) and asked him to satisfy us as to whether after serving the substantial/legal sentence, can an accused be awarded another sentence for the same offence. Learned counsel frankly conceded that this Court in above‑noted judgments has elaborately discussed this question and he is bound to follow the same.
Headnotes / Summary
(On appeal from the judgment order, dated 23‑1‑2001 passed by Lahore High Court, Lahore in Criminal Revision No.280 of 1994). ‑‑‑‑S.302/34‑‑‑Criminal Procedure Code (V of 1898), S.403‑‑‑Constitution of Pakistan (1973), Arts. 13 & 185(3)‑‑‑Accused were arrested on 12‑2‑1985 and sentenced to death by Military Court, accused remained in Death Cell till 10‑12‑1991‑‑‑On appeal the case was remanded to Sessions Court for retrial which convicted the accused under S.302/34, P.P.C. on 28‑4‑1994 and sentenced them to imprisonment for life each with benefit of S.382‑B, Cr.P.C.‑‑‑Accused during the period of retrial of the case continuously remained under incarceration and after availing the benefit of S.382‑B, Cr.P.C. had been released from jail‑‑‑Since the accused had served out the substantial/legal sentence for the offence of murder, they could not be awarded another sentence for the same offence in violation of Art. 13 of the Constitution and S5.403, Cr.P.C.‑‑‑Leave to appeal was refused by Supreme Court accordingly. Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302 and Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166 ref. Abdul Rauf Farooqui, Advocate Supreme Court for the State.
Judgment & Decree
Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302 and Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166 ref. Talib H. Rizvi, Senior Advocate Supreme Court and C. M. Latif, Advocate‑on‑Record for Petitioner. Abdul Rauf Farooqui, Advocate Supreme Court for the State. Date of hearing: 22nd May, 2002. IFTIKHAR MUHAMMAD CHAUDHRY, J.‑‑‑This petition for leave to appeal .has been filed against the judgment dated 23rd January, 2001 passed by Lahore High Court. Lahore whereby criminal revision filed by petitioner has been dismissed.
2. There is no need of mentioning the facts of the case except that respondents were arrested on 12th February 1985. They were sentenced to death by the Military Court and they remained in Death Cell till 10th December, 1991. On appeal the case was remanded to Sessions Judge, Mandi Bahauddin for retrial, who vide judgment dated 28th April 1994 convicted/sentenced them under section 302/34, P.P.C. to imprisonment for life on each count with tine of Rs.10,000 each or in default to further undergo R.I. for two years each. Fine if recovered was ordered to be paid to the legal heirs of deceased as a compensation. Benefit of section 382‑B, Cr.P.C. was also extended to them. During the period of retrial of the case they continuously remained under incarceration and after availing the benefit of section 382‑B, Cr.P.C. they have released from jail.
3. After hearing the learned counsel for petitioner at some length have invited his attention towards the cases of Mst. Razia Begum v. Jehangir and others (PLD 1982 SC 302), Mst. Promilla and others v. Safeer Alam and others (2000 SCMR 1166) and asked him to satisfy us as to whether after serving the substantial/legal sentence, can an accused be awarded another sentence for the same offence. Learned counsel frankly conceded that this Court in above‑noted judgments has elaborately discussed this question and he is bound to follow the same. In view of above situation, we are of the opinion that as this Court in above‑noted judgments has held that if an accused has served out the substantial/legal sentence for an offence, he cannot be awarded another sentence for the same offence and if it is so it would be unfair, unjust and would also be in violation of Article 13 of the Constitution of Islamic Republic of Pakistan read with section 403, Cr.P.C. Thus for the foregoing reasons, petition stands dismissed. N.H.Q./A‑292/S Leave refused.