Case Details

Citation(s)
1978 SLG 243 1978 SLD 243 1978 SCMR 410
Supreme Court of Pakistan
Criminal Review Petition No.. 12 R of 1978 in Criminal Petition for Special Leave to Appeal No. 369 of 1974 and J P Nos. 72 and 76 of 1974, decision dated: 11th June 1978.
MOHAMMAD AKRAM, DORAB PATEL AND MUHAMMAD HALEEM, JJ
Sh. Abdul Karim, Advocate on-Record for Petitioners. Sh. Riaz Ahmad, Assistant Advocate General Punjab for the State

BASHIR AHMAD AND OTHERS

VS

THE STATE

Law:

Section:

(a) Constitution of Pakistan (1973) Art. 188 Review Order dismissing petition for leave containing clerical-review-Order reviewed and corrected. (b) Constitution of Pakistan (1973) Art. 188 Review Order showing accused to have been sentenced to "imprisonment for life" Such order reviewed suo motu to read "transportation for life" for "imprisonment for life" occurring therein. Noor Elahi v. Ch. Zafarul Haque P L D 1976 S C 557 ref. ORDER DORAB PATEL, J. Bashir, Rajada, Ibrahim , Boota and Ahmad Din were tried and convicted by the Sessions Court for murder. Boota was sentenced to imprisonment for life, whilst the other four accused were sentenced to death. All the accused filed an appeal in the High Court which was heard with the reference from the, Sessions Court for the confirmation of the sentence of death passed against Bashir, Rajada, Ibrahim and Ahmad Din. The High Court upheld the convictions of all the accused, dismissed the appeal of Rajada and Bashir and confirmed the sentence of death against them. However, the High Court reduced the sentence against Ahmad Din and Ibrahim to imprisonment for life. The accused thereupon challenged the judgment of the High Court in a petition for leave which was dismissed on 29 11 1974. As the petition for leave was dismissed, it meant that the sentence of death passed against Rajada and Bashir stood whilst the sentence of life imprisonment passed against Ahmad Din and Ibrahim was alto upheld. However, in the narration of facts in the Court's Order of 29 11 1974, it was erroneously stated that the High Court had "reduced the death sentence imposed upon Bashir and Rajada to transportation for life". As the High Court had…
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