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1969 SCMR 400

GHULAM MUHAMMAD VS SUPERINTENDENT, DISTRICT JAIL

Petitioner: GHULAM MUHAMMAD VS Respondent: SUPERINTENDENT, DISTRICT JAILHonorable Justice MUHAMMAD MUNIR

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

1969 S C M R 400

1969 S C M R 400

Present: Muhammad Munir, C. J., M. Shahabuddin and A. R. Cornelius, JJ

GHULAM MUHAMMAD‑Appellant

versus

THE SUPERINTENDENT, DISTRICT JAIL, GUJRANWALA AND 2 OTHERS‑Respondents

Criminal Appeal No. 14 of 1958, decided on 29th April 1958.

(On appeal from the orders of the High Court of West Pakistan, Lahore, dated 13‑12‑1956 and 21‑1‑1957 'it Criminal Miscellaneous No. 29 of 1957 read with Case No. 307 of 1956).

Appeal to Supreme Court---

--Points raised already determined by Court in another previous appeal‑Facts almost identical Appeal accepted on basis of decision given in former appeal.

Mussafir v. Government of West Pakistan and another Criminal Appeal No. 54 of 1957 ref.

S. M. Rahman Ansari, Advocate Supreme Court instructed by Zia‑ud‑Din, Attorney for Appellant.

S. A. Mahmud, Advocate‑General West Pakistan (Muhammad Iqbal Hussain, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for Respondents.

Date of hearing : 29th April 1958.

ORDER

MUHAMMAD MUNIR, C. J.‑‑The result of this appeal is deter mined by the decision of this Court in Mussafir v. Government of West Pakistan and another Criminal Appeal No. 54 of 1957 and since the relevant facts of both the cases are identical, for the reasons given in the judgment in Criminal Appeal No. 54 of 1957, we accept this appeal and issue an order prohibiting the Provincial Government and the Superintendent, District Jail, Gujranwala from executing the sentence of death and directing that the order of commutation of sentence into that of transportation for life passed by the Central Government be given effect to.

Appeal accepted.

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