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Petitioner: MUHAMMAD IQBAL VS Respondent: THE STATEHonorable Justice KHALIL-UR-REHMAN RAMDAYRashid Murtaza Qureshi,Nemo
2004 S C M R 339
2004 S C M R 339
[Supreme Court of Pakistan]
Present: Kkalil-ur-Rehman Ramday, Falak Sher and Karamat Nazir Bhandari, JJ
MUHAMMAD IQBAL---Petitioner
versus
THE STATE- -Respondent
Criminal Miscellaneous Application No.98-L of 2003 in Criminal Petition No. Nil of 2003, decided on 22nd May, 2003.
(On appeal from the judgment dated 4-3-2003 passed by the Lahore High Court, Multan Bench in Criminal Appeal No.232 of 1993).
Penal Code (XLV of 1860)---
----Ss.302(b)/34 &. 307/34---Constitution of Pakistan (1973), Art. 185(3)---Accused without surrendering to custody had filed the petition before the Supreme Court under Art. 185(3) of the Constitution accompanied by another application praying that the said petition be entertained without the accused having surrendered to custody only on the ground that he was the only bread-earner of his large family and that if he surrendered to custody his family would suffer irreparably---Held, this was hardly a ground justifying entertainment of the accused's petition under Art.185(3) of the Constitution without his having surrendered himself to custody---Application was dismissed accordingly.
Rashid Murtaza Qureshi, -Advocate Supreme Court with Muhammad Ozair Chughtai, Advocate-on-Record for Petitioner.
Nemo for the State.
Date of hearing: 22nd May, 2003.
ORDER
KHALIL-UR-REHMAN RAMDAY, J.---This is an application by one Muhammad Iqbal who was convicted by a learned Additional Sessions Judge at Multan under section 302(b)/34 of the P.P.C. and sentenced to suffer imprisonment for life on two counts and who was also convicted under section 307/34, P.P.C. and was directed to undergo two years' R.I. with a fine of Rs.5,000 or six months' R.I. in default of payment. This conviction and punishment recorded against the applicant together with the conviction and punishment recorded against his co-convict, namely, Abdur Rehman (since dead) were impugned before the Multan Bench of the Lahore High. Court through Criminal Appeal No.232 of 1993. This appeal was dismissed by the learned High Court through a judgment dated 4-3-2003.
2. Iqbal, petitioner, without surrendering to custody, filed a petition before this Court under Article 185(3) of the Constitution which petition is accompanied by the above mentioned application praying that the said petition be entertained without the petitioner having surrendered to custody only on the ground that he was the only bread-earner of his large family and that if he surrendered to custody then his family will suffer irreparably.
3. This is hardly a ground justifying entertainment of the applicant's petition under Article 185(3) of the Constitution without the applicant having surrendered to custody. This application is, therefore, dismissed.
N.H.Q./M-918/S Application dismissed.