Case Details

Citation(s)
2007 SLG 1405 2007 SLD 1405 2007 SCMR 1399
Supreme Court of Pakistan
Jail Petition No. 345 of 2005, decision dated: 30-04-2007
FAQIR MUHAMMAD KHOKHAR AND GHULAM RABBANI, JJ
Niaz Ahmed Rathore, Advocate Supreme Court for Petitioners. Muhammad Zaman Bhatti, Advocate Supreme Court for the State

MASAL KHAN and anothers

VS

THE STATE

Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----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. ORDER 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…
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