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SHAHID ALI KHAN versus MUHAMMAD NAWAZ


Article 185 (3) Appeal was dismissed and the appeal against one of the two accused was dismissed while the petition for withdrawal of appeal against the second leave granted earlier was withdrawn and the application dismissed.

1986 S C R4 R 78(1)

Present: Shafiur Rahman, Zaffar Hussain Mirza and Mian Burhanuddin Khan, JJ

SHAHID ALI KHAN‑‑Appellant

versus

MUHAMMAD NAWAZ and others‑‑Respondents

Criminal Appeal No. 201 of 1980, decided on 23rd October, 1985.

Constitution of Pakistan (1973)‑

‑‑‑Art. 185(3)‑‑Appeal‑‑One of two accused murdered and appeal against him abated while prayer made for withdrawal of appeal against the other‑‑Leave already granted was recalled and petition dismissed.

M.A. Zaffar, Advocate Supreme Court for Appellant.

Mian Inamul Haq, Advocate Supreme Court with Rao M. Yousuf Khan Government Attorney for Respondent No.3.

ORDER

SHAFIUR RAHMAN, J.‑‑

Of the two accused respondents, one has been murdered, appeal abates against him. As regards the other, there is prayer for withdrawal.

Leave to appeal granted by order, dated 14‑7‑1980 is hereby recalled and the petition is dismissed.

M . Y . H . Petition dismissed.

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