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Petitioner: THE STATE through Advocate-General N.-W.F.P. VS Respondent: BAHADUR SHERHonorable Justice M. JAVED BUTTARMuhammad Zaman Bhatti,Nemo
2007 S C M R 1877
2007 S C M R 1877
[Supreme Court of Pakistan]
Present: M. Javed Buttar, Tassaduq Hussain Jillani and Nasir-ul-Mulk, JJ
THE STATE through Advocate-General N.-W.F.P.----Petitioner
Versus
BAHADUR SHER and others----Respondents
Criminal Petitions Nos.174-P and 175-P of 2003, decided on 30th April, 2007.
(On appeal from the judgment, dated 22-10-2003 of the Peshawar High Court, Peshawar in Criminal Appeals Nos.47 and 322 of 2003).
Constitution of Pakistan (1973)---
----Art. 185(3)---Reappraisal of entire evidence was necessary for safe administration of justice to see whether the accused were correctly and lawfully acquitted---Leave to appeal was granted to State accordingly.
Muhammad Zaman Bhatti, Advocate Supreme Court for Petitioners (in both 'cases).
Nemo for Respondents (in both cases).
ORDER
M. JAVED BUTTAR, J.--- We have heard the learned counsel for the petitioner at length. We are of the view that for the safe administration of justice, reappraisal of entire evidence is necessary to see whether the respondents./accused in both these petitions were correctly and lawfully acquitted.
2. Leave to appeal is accordingly granted. Let bailable warrants in the sum of Rs.50,000 (Rs. fifty thousand only) with two sureties each in the like amount to the satisfaction of Sessions Judge, Peshawar be issued against each of the respondents/accused.
It is an old matter. Let the appeal be set down for hearing, within this year.
N.H.Q./S-24/SC Leave granted.