SCMR 2007

2007 SCMR 1411 (PLP)

SAIFULLAH KHAN and another — Appellants Versus THE STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Miscellaneous Application No.500 of 2006 in Criminal Appeal No.152 of 2006 out of Jail Petition No.285 of 2003, decided on 28th February, 2007.
Honorable Judges
Sardar Muhammad Raza Khan, J
Case Reference Summary (AEO Optimized)
Citation 2007 SCMR 1411 (PLP)
Forum / Court Supreme Court of Pakistan
Bench Members Sardar Muhammad Raza Khan, J
Parties SAIFULLAH KHAN and another — Appellants Versus THE STATE — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2007 SCMR 1411 (PLP)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2007 SCMR 1411 (PLP)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2007 SCMR 1411 (PLP) (SAIFULLAH KHAN and another — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Babar Ali, Advocate Supreme Court with Ch. Muhammad Akram Advocate-on-Record for Appellant No.2.
  • Muhammad Zaman Bhatti, Advocate Supreme Court for Advocate-General, N. -W . F . P.

Headnotes / Summary

(On appeal from the judgment, dated 6-5-2003 of Peshawar High Court, Peshawar passed in Criminal Appeal No.368 of 2001).

Art. 185

Withdrawal of criminal appeal

Out of two accused, one accused had applied for withdrawal of appeal on the ground that he had served out his sentence and now wanted to deposit the fine as well as Diyat before the Trial Court, which was not accepted due to the pendency of the present appeal

Appeal so far as the present accused was concerned, was dismissed as withdrawn with the direction that he would not be released unless the amount of fine and Diyat was paid in Court. Muhammad Zaman Bhatti, Advocate Supreme Court for Advocate-General, N. -W . F . P.

Judgment & Decree

SARDAR MUHAMMAD RAZA KHAN, J.

Out of two appellants, Afsar Khan son of Misar Khan has applied for withdrawal of appeal. The reason given is to the effect that he has served out the sentence and now wants to deposit fine as well as Diyat before the trial Court, which is not accepted due to the pendency of instant appeal.

2. For the aforesaid reasons Criminal Appeal No.152 of 2006, so far as Afsar Khan son of Misar is concerned, is hereby dismissed as withdrawn. However he shall not be released unless the amount of fine and Diyat is paid in Court. Copy of this order be sent to the learned Sessions Judge/trial Court and the Superintendent Jail concerned. N.H.Q./S-12/SC Order accordingly.