2007 PLP 1399 (SCMR)
MASAL KHAN and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 1399 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar and Ghulam Rabbani, JJ |
| Parties | MASAL KHAN and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) |
Q1: What are the key laws and sections cited in 2007 PLP 1399 (SCMR)?
This judgment primarily cites: Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1399 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1399 (SCMR) (MASAL KHAN and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Niaz Ahmed Rathore, Advocate Supreme Court for Petitioners.
- Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment/order, dated 10-9-2006 passed by the Peshawar High Court, Peshawar, in Jail Criminal Appeal No.419 of 2004).
S. 17(3)
Anti-Terrorism Act (XXVII of 1997), S.7
Constitution of Pakistan (1973), Art.185(3)
Benefit of S.382-B, Cr.P.C., grant of
Petition was not pressed on merits and only benefit of S.382-B, Cr.P.C. was sought
Counsel for the State had no objection
Jail petition was converted into appeal and the same was allowed partly by condoning the delay
Impugned judgment of High Court was modified to the extent that accused would be entitled toile benefit of S.382-B, Cr.P.C. for the period they remained under-trial prisoners. Ghulam Murtaza v. The State PLD 4998 SC 152 ref. Muhammad Zaman Bhatti, Advocate Supreme Court for the State.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The petitioners were tried in case F.I.R. No.485, dated 1-8-2003, registered at Police Station Chamkani, District Peshawar and were convicted under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 7 of the Anti-Terrorism Act, 1997. They were sentenced to 7 years' R.I. each, vide judgment dated 20-5-2004, passed by the trial Court. A learned Division Bench of the Peshawar High Court, Peshawar, dismissed their Jail Criminal Appeal No.419 of 2004, vide judgment, dated 10-9-2004. Hence, this Jail Petition No.345 of 2005 for leave to appeal.
2. At the outset, the learned counsel representing the petitioners stated that he would not press this petition on merits but would seek the indulgence of this Court for the grant of benefit under section 382-B, Cr.P.C. in view of the law laid down by this Court in the case of Ghulam Murtaza v. The State PLD 1998 SC 152.
3. The learned counsel for the State has no objection thereto.
4. In this view of the matter, this petition is converted into appeal and the same is partly allowed by condoning the delay. The impugned judgment of the High Court is modified to the extent that the appellants/petitioners shall be entitled to the benefit of section 382-B, Cr.P.C. for the period they remained under-trial prisoners. No order as to costs. N.H.Q./M-50/SC Order accordingly.