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GUL MUHAMMAD versus STATE


AXV, R6 read with OXIX, the record adjustment on record on the R2 Appeal Advocate indicated that the relevant lawyer was only engaged in processing the application for leave of appeal and not to comply with the appeal. The notice was issued to the appellants to arrange for their representation. Case
1986 S C M R 1819

Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Nasim Hasan Shah, JJ

GUL MUHAMMAD and others‑‑Appellants

versus

THE STATE

Respondent

Criminal Appeal No. 167 of 1978, decided on 7th June, 1986.

(On appeal from the judgment, dated 30‑6‑1977 of the Peshawar High Court, Peshawar in Criminal Appeal No. 172 of 1976).

Supreme Court Rules, 1980‑‑

‑‑‑O. XV, R. 6 read with O. XIX, R.2‑‑Adjournment of appeal‑ Advocate‑on‑Record pointing out that concerned counsel was engaged only for prosecuting petition for leave to appeal and not for conducting appeal‑‑Notice issued to appellants to make arrangements for their representation for prosecuting case.

Fazal‑e‑Hussain, Advocate‑on‑Record for Appellants.

K.G. Sabir, Advocate‑General, N.‑W.F.P. for the State.

Date of hearing: 7th June, 1986.

ORDER

NASIM HASAN SHAH, J.‑‑

Mr. Fazal‑e‑Hussain, Advocate‑on- Record, appeared before us and stated that Mian Mahmud Ali Kasuri, who is being considered by the office to be the counsel for the appellants, is no longer their counsel. According to Mr. Fazal‑e‑Hussain Mr. Kasuri was engaged only for prosecuting the leave to appeal matter and that he was not engaged thereafter for conducting the appeal. He suggests that notice may be issued to the appellants calling upon them to make due arrangements for prosecuting the appeal.

Issue notice to the appellants apprising them of the above statement made on behalf of Mr. Kasuri and asking them to make arrangements for their representation for prosecuting their appeal.

This case is connected with Jail Petition No. 84‑R of 1977, which presumably is lying at Rawalpindi. Both the matters should be fixed at Rawalpindi.

In the meanwhile, the office should also enquire from the jail authorities whether the appellants have not by now served out their sentences and have since been released.

M.I. Order accordingly.

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