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Petitioner: ABDUL QAYYUM VS Respondent: ZAHIR KHAN and another
Court Name: Sindh High Court Judge(s): Ajmal Mian, Abdul Razzaq A. Thaim Title: ABDUL QAYYUM vs ZAHIR KHAN and another Case No.: Criminal Revision No,100 of 1987 Date of Judgment:1987-11-24 Reported As: 1989 P Cr. L J 62 Result: Bail granted
Judgment ORDER AJMAL MIAN, J.-- From the judgment, it seems that the learned Sessions Judge has awarded life imprisonment instead of death sentence for the reasons that the fight was all of a sudden and the learned Sessions Judge thought that it was the mitigating circumstance warranting the awarding of the lesser punishment. In response to the Court notice Mr. Abdul Ghafoor Mangi, Assistant Advocate-General also submits that it is not a fit case for issuing notice for enhancement of sentence. Whereas, Mr. Khawaja Naveed Ahmed, learned counsel for the applicant contends that factually the accused has sufficient time to cool off after the quarrel and factually he went to his house to bring Chhurri and inflicted as many as 11 injuries. In our view, since the learned Sessions Judge has exercised discretion in favour of the accused and unless some compelling reasons are shown for enhancement, the Court generally does not issue notice for enhancement for sentence.. 2. The application is, therefore, dismissed in limine. Petition dismissed.