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Petitioner: BAJOR Alias BAZIAR RAHMAN AND Others VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Mujibur Rahman Khan Title: BAJOR Alias BAZIAR RAHMAN AND Others vs The STATE Case No.:Criminal Appeal No. 462 of 1966 Petition for Special Leave to Appeal No.
59-D of 1969 Date of Judgment:1969-12-09 Reported As: 1970 SCMR 344 Result: Leave granted Judgment ORDER M. R. KHAN; J:-The petitioner No. 1 was convicted under section 325 of the Pakistan Penal Code and. Sentenced to rigorous imprisonment for 5 years. All the five petitioners including petitioner No. 1 were convicted under section 147 of the Pakistan Penal Code and sentenced to rigorous imprisonment for one year, each. The sentences of the petitioner No. 1 on two counts were to run concurrently. The petitioners preferred an appeal to the High Court against their convictions and sentences. Mr. Akram Hussain Amin, Advocate represented the petitioners in the criminal appeal in the High Court. It pears from the judgment of the High Court that Mr. Akram Hussain Amin did not press the appeal on merits, but prayed only for reduction of sentences of the petitioners. On this prayer, the learned Judges of the High Court did not really consider the appeal on merits, but reduced the sentences of petitioner No. 1 to the period of sentence already undergone by him and the sentence of each of the remaining petitioners under section 147 of the Pakistan Penal Code was reduced from one year to six months' rigorous imprisonment. It is alleged in paragraph 10 of the special leave petition that the petitioners had instructed their Advocate to press the appeal on merits, but this not having been done they are aggrieved by the judgment of the High Court. In a similar case, we already granted leave to consider if the High Court is relieved of its duty to consider a criminal appeal on merits if it is pressed only on the ground of sentence. Leave is, accordingly, granted in this case also. The petitioners Nos. 2 to 5 who are already on bail shall continue to remain on bail till the disposal of the appeal.