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MUHAMMAD KHALID versus THE STATE


Article 185 (3) Civil Procedure Code (v. 1908), Sections 107, 149, OI, R9 and OVII, R11 (c) of the Punjab Pre-Emission Act (I of 1913), Section 21 Pre-emption Trial Court Remands Trial Court's Remand for Further Procedure on Appeal Offenders The dismissal of the review petitions against the argument that the plaintiff's pre-emperors in one appeal applied to other pre-emptors in their appeal as respondents was leaked. In the second appeal, the pre-emperors did not enforce their rival pre-emperor as a party in their appeal and thus disqualified an appeal. Ineligible appeals will be decided in favor of the applicants in the trial court's dismissal, as the rival plaintiffs did not seek any relief against each other, so it was not a result of a set of pre-empresors.
1986 S C M R 1984

Present: Muhammad Afzal Zullah and S. A. Nusrat, JJ

MUHAMMAD YUSUF and others‑‑Petitioners

versus

THE STATE‑‑Respondent

Criminal Petition No. 265 of 1986, decided on 20th October, 1986.

(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 22‑6‑1986 passed in Criminal Miscellaneous No. 4‑86 in Criminal Appeal No. 281 of 1984.)

Constitution of Pakistan (1973)

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497 Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Co‑accused petitioners who were attributed simple injuries caused by Sotas granted bail Petition converted into appeal and ordered to be fixed at some early date.

Mehr Ghulam Ali Mubashir, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.

Faiz Muhammad, Advocate Supreme Court instructed by Yousuf Khan, Government Attorney for the State.

Date of hearing: 20th October, 1986.

ORDER

S.A. NUSRAT, J.‑‑

The petitioners were tried along with co‑accused Yakoob and were convicted under section 302/34, P.P.C. by the Additional Sessions Judge, Sargodha. Yakoob was sentenced to death and the petitioners were awarded imprisonment for life and fine. All the accused have since then filed appeals which are pending in the High Court. The petitioners' application for grant of bail was dismissed by learned High Court as per impugned judgment.

2. It was contended by the learned counsel for the petitioners that admittedly the injuries attributed to the petitioners were simple, caused by 'Sotas'. The learned counsel for the State did not have much to say in Opposition. In view of the fact that interim bail has already been granted by this Court on 13‑8-1986, the petition is converted into' appeal. The same may be fixed at an early date.

M. I . Order accordingly.

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