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ALLAH BAKHSH versus STATE


O XXVI, r 1 The applicant who has survived the criminal appeal hearing against the conviction for breach of law by the appellant has also been spared from the law; he is not entitled to any relief even after review. [Supreme Court Review]

1982 S C M R 911

Present : Muhammad Haleem, Actg. C J, Muhammad Afzal Zullah, Nasim Hasan Shah and Shah Nawaz Khan, JJ

ALLAH BAKHSH‑Petitioner

Versus

THE STATE‑Respondent

Criminal Review Petition No. 10‑R of 1981, decided on 23rd February, 1982.

Supreme Court Rules, 1956

‑‑‑ O. XXVI, r. 1‑Review‑Criminal appeal against conviction dis missed for appellant's being fugitive from law‑Petitioner remaining a fugitive from law‑Held, not entitled to seek any relief even by review.‑[Review by Supreme Court].

Hayat v. State P L D 1981. S .C 265 rel.

Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 23rd February, 1982.

ORDER

NASIM HASAN SHAH, J.‑

Heard. The appeal of the petitioner was dis missed by our judgment dated 8‑7‑1981 because he having become a fugitive from law not found entitled to any relief as held in our judgment in Hayat v, State (P L D 1981 S C 265). Review is sought on the ground that the petitioner is entitled t the same benefit as extended to his co‑convicts in the impugned judgment.

2. As held in the case of Hayat Bakhsh the petitioner having remained a fugitive from law is not entitled to seek any relief even by review.

This petition is, accordingly, dismissed. He may, if so advised, seek relief from the executive authorities.

Petition dismissed.

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