2008 PLP 817 (SCMR)
Haji TAHIR HUSSAIN — Appellant Versus SQLAIN and others — Respondents
| Citation | 2008 PLP 817 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, Rana Bhagwandas and M. Javed Buttar, JJ |
| Parties | Haji TAHIR HUSSAIN — Appellant Versus SQLAIN and others — Respondents |
| Primary Law | (b) Penal Code (XLV of 1860), (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 817 (SCMR)?
This judgment primarily cites: (b) Penal Code (XLV of 1860), (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 817 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, Rana Bhagwandas and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 817 (SCMR) (Haji TAHIR HUSSAIN — Appellant Versus SQLAIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Ahmed Bhatti, Advocate Supreme Court for Appellant.
- M. Ilyas Siddiqui, Advocate Supreme Court and Sardar M. Siddique Khan, Advocate Supreme Court, Advocate-General, Punjab for Respondents.
- Date of hearing: 1st February, 2005.
- 2. It is informed by the learned counsel for respondents that the respondent No.1 has already served the legal sentence of life imprisonment awarded to him under section 302(b), P.P.C. by the learned High Court vide impugned judgment, therefore, relying on the judgments of this Court, dated 19th October, 2004 decided in the case of Sajjadullah alias Sajjad Asad v. The State Jail Petition No.191 of 2004 and dated 26th January, 2005 in the case of Ghulam Ali 'v. Muhammad Yousuf and others in Criminal Petition No.307-L of 2002 and also in the cases reported as Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302, Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166, Amir Khan and others v. The State and others 2000 SCMR 403 and Abdul Haq v. Muhammad Amin alias Manna and others 2004 SCMR 810 the appeal has become infructuous.
Headnotes / Summary
(On appeal against the judgment, dated 9-7-2002 passed by the Lahore High Court, Lahore in Criminal Appeal No.736 of 1997 with Murder Reference No.203 of 1997).
S. 302(b)
Enhancement of sentence, refusal of
Accused had already served the legal sentence of imprisonment for life awarded to him under S.302(b), P.P.C. by the High Court vide impugned judgment
On serving out of sentence during pendency of appeal for enhancement of the same, accused could not be sentenced for another sentence like death etc.
Appeal had become infructuous and was dismissed as such. Sajjadullah alias Sajjad Asad v. The State Jail Petition No.191 of 2004; Ghulam Ali v. Muhammad Yousuf and others in Criminal Petition No.307-L of 2002; Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302; Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166; Amir Khan and others v. The State and others 2000 SCMR 403 and Abdul Haq v. Muhammad Amin alias Manna and others 2004 SCMR 810 ref.
S. 302(b)
During pendency of appeal for enhancement of sentence if the accused serves out his sentence, he cannot be sentenced to another sentence like death etc. Sajjadullah alias Sajjad Asad v. The State Jail Petition No.191 of 2004; Ghulam Ali v. Muhammad Yousuf and others in Criminal Petition No.307-L of 2002; Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302; Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166; Amir Khan and others v. The State and others 2000 SCMR 403 and Abdul Haq v. Muhammad Amin alias Manna and others 2004 SCMR 810 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, J.
This appeal by leave of the Court has been filed against the judgment, dated 9th July, 2002 passed by the Lahore High Court, Lahore, in Criminal Appeal No.736 of 1997 with Murder Reference No.303 of 1997.
2. It is informed by the learned counsel for respondents that the respondent No.1 has already served the legal sentence of life imprisonment awarded to him under section 302(b), P.P.C. by the learned High Court vide impugned judgment, therefore, relying on the judgments of this Court, dated 19th October, 2004 decided in the case of Sajjadullah alias Sajjad Asad v. The State Jail Petition No.191 of 2004 and dated 26th January, 2005 in the case of Ghulam Ali 'v. Muhammad Yousuf and others in Criminal Petition No.307-L of 2002 and also in the cases reported as Mst. Razia Begum v. Jehangir and others PLD 1982 SC 302, Mst. Promilla and others v. Safeer Alam and others 2000 SCMR 1166, Amir Khan and others v. The State and others 2000 SCMR 403 and Abdul Haq v. Muhammad Amin alias Manna and others 2004 SCMR 810 the appeal has become infructuous.
3. On the other hand learned counsel for appellant stated that the question with regard to the length of the period of life imprisonment and serving out legal sentence during the pendency of appeal for enhancement of sentence is already under consideration before a larger Bench of this Court, therefore, till then instant petition be kept pending.
4. It may be noted that in so many cases we have already held that on serving out of sentence during pendency of appeal for enhancement, the convict cannot be sentenced for another sentence like death etc. Thus, we are bound to follow same law so far it exists. Therefore, it is held that appeal has become infructuous if the respondent Saqlain has already served out the sentence. He is ordered to be released forthwith because he is in custody in pursuance of order dated 18th April, 2003 whereby while granting leave, Superintendent Jail was directed not to release him. N.H.Q./T-17/SC Order accordingly.