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Petitioner: MUHAMMAD SABIR VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hameed Dogar, Muhammad Nawaz Abbasi Title: MUHAMMAD SABIR vs THE STATE Case No.: Jail Petition No,456 of 2004 Date of Judgment:2006-03-20 Reported As: 2006 SCMR 999 Result: Leave granted
Judgment ORDER ' In support of grant of leave, learned counsel for the petitioner, inter alia, contended that: (1) In this case neither petitioner Muhammad Sabir nor acquitted accused Mst. Shaista Zeb, Aftab Ahmad and proclaimed offenders namely, Ajmal and Mehmood were nominated in the F.I.R. Petitioner was convicted and sentenced whereas Mst. Shaista Zeb and Aftab were acquitted on the same evidence; (2) Prosecution has not disclosed any source about involvement of petitioner or that of other accused in offence. Even Investigating ' Officer Muhammad Razzaq (P. W.15) has not shown the source of involvement of petitioner in the offence; and (3) Identification test has been held after a considerable delay for which no explanation has been furnished. 2. Accordingly, leave to appeal is granted to reappraise and reevaluate the evidence in detail for the safe administration of criminal justice.