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HALYAT BAKHAH versus STATE


Section 410 Criminal Appeals Defendant's Appeal, Appeal of a Prosecutor Appeal From Justice Although His Appeal of a Co-accused Accepted [Appeal (Offender)]
1982 S C M R 623

Present : Muhammad Haleem, Actg. C. J., Nasim Hasan Shah and Shafi‑ur‑Rehman, JJ

HAYAT BAKHSH AND OTHERS‑Appellants

versus

THE STATE‑Respondent

Criminal Appeal No. 53 of 1976, decided on 8th July, 1981.

Criminal Procedure Code (V of 1898)‑

---S. 410‑Criminal appeal‑Appeal of accused, a fugitive from justice dismissed even though appeal of his co‑accused accepted.‑[Appeal (criminal)].

Muhammad Anwar, Senior Advocate and Akhtar Ali, Advocate‑on‑Record for Appellants.

Iqbal Kokab, Advocate, Supreme Court for the State. .

ORDER

MUHAMMAD HALEEM, ACTG. C. J.

‑For the reasons to be recorded later the appeal of Hayat Bakhsh son of Qaim Khan, Muhammad Afzal son of Muhammad Akram and Allah Bakhsh son of Sikandar, are accepted and they are acquitted. These appellants should be set at liberty forthwith, if theyl are not required in any other case. The appeal of Allah Bakhsh son of Muhammad Bakhsh, who is a fugitive from justice, is dismissed.

Orders accordingly.

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