2013 PLP 590 (SCMR)
Syed ANWAR ALI SHAH and another — Petitioners Versus IRFAN ALI alias GHULAM RAZA alias RAMZAN and others — Respondents
| Citation | 2013 PLP 590 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa, Amir Hani Muslim and Ijaz Ahmed Chaudhry, JJ |
| Parties | Syed ANWAR ALI SHAH and another — Petitioners Versus IRFAN ALI alias GHULAM RAZA alias RAMZAN and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2013 PLP 590 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 590 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Amir Hani Muslim and Ijaz Ahmed Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 590 (SCMR) (Syed ANWAR ALI SHAH and another — Petitioners Versus IRFAN ALI alias GHULAM RAZA alias RAMZAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Misbah ul Hassan, Advocate Supreme Court for Petitioners (in Criminal Petition No.103-L of 2011).
- Date of hearing: 15th January, 2013.
Headnotes / Summary
(Against the judgment dated 26-10-2010 passed by the Lahore High Court, Multan Bench, Multan in Criminal Appeal No.50 of 2006 and Murder Reference No.11 of 2006).
S. 302(b)
Anti-Terrorism Act (XXVII of 1997), S.7
Criminal Procedure Code (V of 1898), S.417
Constitution of Pakistan, Art.185(3)
Reasons recorded for acquitting accused based on conjectures
High number of deaths, due to the occurrence
Effect
Accused was convicted by Trial Court and sentenced to death but High Court accepted appeal and acquitted him of the charge
Reasons recorded by High Court on most of the critical aspects of the case were either conjectural or insufficient
As many as forty persons lost their lives and seventy one others received injuries
Leave to appeal was granted by Supreme Court for reappraisal of evidence to secure interest of justice
Petition was allowed. Ch. Zubair Ahmed Farooq, Additional Prosecutor-General, Punjab for the State (in both cases).
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Criminal Miscellaneous Applications Nos.80-L and 57-L of 2011 For the reasons mentioned in these miscellaneous applications the same are allowed and the delay in filing of Criminal Petitions Nos.103-L and 108-L of 2011 is condoned. Disposed of. Criminal Petitions Nos.103-L and 108-L of 2011
2. With the assistance of the learned counsel for the petitioners in both these petitions we have gone through the impugned judgment rendered by the learned Division Bench of the Lahore High Court, Multan Bench, Multan and have prima facie found that the reasons recorded by the learned Division Bench of the said court on most of the critical aspects of this case were either conjectural or insufficient. In the case in hand as many as forty persons have lost their lives and seventy-one others had received injuries and, thus, we have felt that reappraisal of the evidence so as to secure the interests of justice is in order. These petitions are, therefore, allowed and leave to appeal is granted therein for the purpose. Let bailable warrants in the sum of Rs.1,00,000 (rupees one hundred thousand only) with two sureties each in the like amount returnable to the learned trial Court be issued against respondent No.1. MH/A-2/SC Leave granted.