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Petitioner: FAZAL MUHAMMAD and another VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Farooq, Tanvir Ahmed Khan Title: FAZAL MUHAMMAD and another vs THE STATE Case No.:Criminal Petition for Leave to Appeal No,61-L of 2002 Criminal
Miscellaneous Nos.1 and 2 in Criminal Appeal No,1757 of 2001 Date of Judgment:2002-02-14 Reported As: 2002 SCMR 1211 Result: Leave refused Judgment ORDER 'TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 21-12-2001 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Criminal Miscellaneous No,2 of 2001 for the suspension of sentence of 7 years' R.I. And a fine of Rs,5,000 and in default to suffer two months' S.I. Recorded against the petitioners by the learned Magistrate Section 30, Kallur Kot, emanated out of. F.I.R. No,74 of 1995, dated 2-9-1995 under sections 419/420/468/471, P.P.C. Registered with Police Station Jandanwala, District Bhakkar, was dismissed. ' Learned counsel has argued that the impugned conviction recorded against the petitioner by the learned Magistrate Section 30, Kallur Kot, is totally ultra wires and is based on inimical and mala fide evidence. He has further argued that a criminal case could not even have been registered in the presence of final and conclusive judgments rendered by the Civil Courts exonerating the petitioners respecting this very matter. The arguments raised by the learned counsel for the petitioners go to the root of the case which can only be appreciated at the time of hearing of the appeal by the learned High Court when the entire evidence adduced by the parties would be thrashed out. In the circumstances of the present case no illegality has been committed by the learned Single Judge of the Lahore High Court in dismissing the application for suspension of the sentence of the petitioners. ' Before parting with this judgment, it would be appreciated if the petitioner's appeal is heard and disposed of by the learned High Court expeditiously. ' The instant petition being without any force is dismissed and leave declined.