| Citation(s) |
|---|
| 2026 SLG 4598 = 2026 SLD 4598 = 2026 PLJ 243 |
Supreme Appellate Court, Pakistan
Crl. Rev. P. No. 5-L of 2019 in Crl. A. No. 104-L of 2017
Presented By: Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim and Miangul Hassan Aurangzeb JUDGES
Rai Bashir Ahmed, ASC a/w Mr. Atiq-ur-Rehman, AHC for Petitioner. Mr. Aftab Alam Yasir a/w complainant in person for Complainant. Rai Akhtar Hussain, Addl. PG for State. Ms. Tayyaba Munir, Law Clerk Assisted. Date of hearing: 2.4.2026.
Crl. Rev. P. No. 5-L of 2019 in Crl. A. No. 104-L of 2017
Presented By: Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim and Miangul Hassan Aurangzeb JUDGES
Rai Bashir Ahmed, ASC a/w Mr. Atiq-ur-Rehman, AHC for Petitioner. Mr. Aftab Alam Yasir a/w complainant in person for Complainant. Rai Akhtar Hussain, Addl. PG for State. Ms. Tayyaba Munir, Law Clerk Assisted. Date of hearing: 2.4.2026.
MUHAMMAD BILAL--Petitioner
VERSUS
STATE etc.--Respondents
Law: Constitution of Pakistan, 1973
Section: 188
Law: Supreme Court Rules, 1980
Section: 1
Law: Pakistan Penal Code (PPC),1860
Section: 302(b)
Law: Anti Terrorism Act, 1997
Section: 7(a)
Constitution of Pakistan, 1973-- ----Art. 188--Supreme Court Rules, 1980, Order XXVI, Rule 01--Pakistan Penal Code, 1860, S. 302(b)--Anti-Terrorism Act, 1997, S. 7(a)--Criminal Review Petition--Conviction and sentence--Sentence of death on two Courts--In light of these settled principles, a criminal matter becomes amenable to review only when it is demonstrably evident from record that a recognized ground exists and that it has materially influenced decision--These grounds include a patent and self-evident error that cannot be allowed to stand, a material irregularity that transforms judicial process into an instrument of injustice, a clear failure to consider an obvious and significant fact or established rule of law which would likely have altered conclusion, a decision rendered in disregard of settled legal principles or in violation of constitutional guarantees, or a judgment given per incuriam due to a manifest misreading or misconception of law or record--Equally, it is firmly settled that such grounds must be substantiated by record itself through clear, cogent, and unimpeachable material demonstrating a direct and substantial impact on impugned judgment. [P. 247] A Constitution of Pakistan, 1973-- ----Art. 188--Supreme Court Rules, 1980, Order XXVI, Rule 01--Review Jurisdiction of Court--The instant case clearly attracts review jurisdiction of this Court in terms of principles laid down in judgments referred to hereinbefore--At same time, it may be observed that doubt so arising in prosecution’s case, is not of such a magnitude as to completely demolish prosecution case or to warrant an outright acquittal of petitioner-convict--However, it certainly constitutes a mitigating circumstance relevant to quantum of sentence. [Pp. 248 & 249] B Constitution of Pakistan, 1973-- ----Art. 188--Supreme Court Rules, 1980, Order XXVI, Rule 01-- Pakistan Penal Code, 1860, S. 302(b)--Anti-Terrorism Act, 1997, S. 7(a)--Review petition--Conviction and sentence--It is also a matter of record that petitioner-convict is in continuous detention since his arrest in year 2011 till date, which period of incarceration, in facts and circumstances of…