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Petitioner: The State through Prosecutor-General, Sindh VS Respondent: Ahmad Omar Sheikh
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Sardar Tariq Masood, Yahya Afridi Title: The State through Prosecutor-General, Sindh vs Ahmad Omar Sheikh Case No.:(1) Criminal Appeals No. 599, 600, 601 & 602 of 2020 (2) Criminal Petitions
No. 1085 & 1086 of 2020 Date of Judgment:2021-01-28 Reported As:KLR 2021 Supreme Court Cases 161, 2021 P SC (Crl.) 247, 2021 P SC (Crl.) 342, 2021 SCMR 873, 2021 SCP 36 Result: Appeal dismissed Judgment ORDER MUSHIR ALAM, J. For the reasons to be recorded later, by a majority of 2 to 1 (Yahya Afridi, J. dissenting), Criminal Appeals No. 599, 600 & 601 of 2020, Criminal Petitions No. 1085 & 1086 of 2020 are dismissed, the impugned judgment dated 02.04.2020 passed by the High Court of Sindh, Karachi is maintained to the extent of acquittal of all the four respondents from their charges. Criminal Appeal No. 602 of 2020 filed by Ahmed Omer Shaikh against his conviction under section 362, PPC, is allowed and he is acqu itted of the charge by extending the benefit of doubt to him. Ahmed Omer Shaikh, Fahad Nasim Ahmed, Syed Salman Saqib and Shaikh Muhammad Adil shall be released from the jail forthwith if not required to be detained in connection with any other case. All the miscellaneous applications filed by the either party have lost their relevance, hence, disposed of as such.
YAHYA AFRIDI, J. For the reasons to be recorded later, Criminal Appeals No. 599, 600 & 601 of 2020 and Criminal Petitions No. 1085 & 1086 of 2020 are partly allowed in the terms that Ahmed Omer Shaikh and Fahad Nasim are convicted under sections 365-A & 120-B, PPC and section 7 of the Anti-T errorism Act, 1997 each and sentenced to imprisonment for life on each count. All the sentences passed against both of the convicts shall run concurrently . The benefit under section 382-B, Cr.P.C. shall be extended to them. To the extent of Syed Salman Saqib and Shaikh Muhammad Adil Criminal Appeals No. 599, 600 & 601 of 2020 and Criminal Petitions No. 1085 & 1086 of 2020 are dismissed and their acquittal is maintained on all the charges, they shall be released from the jail forthwith if not required to be detained in connectio n with any other case. Criminal Appeal No. 602 of 2002 filed by Ahmed Omer Shaikh is dismissed.