Haji Tahir Hussain vs Saqlain Etc.
This criminal appeal arose from a challenge against a judgment of the Lahore High Court regarding a sentence of life imprisonment. The core legal question was whether an appeal for the enhancement of a sentence remains maintainable when the respondent has already served the full term of the sentence originally awarded. The Supreme Court held that the appeal had become infructuous. Relying on established precedents, the Court affirmed the principle that once a convict has served out the sentence imposed by the trial or appellate court during the pendency of an appeal for enhancement, they cannot subsequently be subjected to a harsher sentence, such as death. Consequently, the Court dismissed the appeal as infructuous and ordered the immediate release of the respondent, who had been held in custody pending the outcome of the proceedings. The judgment reinforces the finality of a served sentence in the context of enhancement proceedings.
- Does an appeal for the enhancement of a sentence become infructuous if the convict has already served the sentence awarded by the High Court?
- Can a convict be sentenced to a harsher penalty, such as death, if they have already served the original sentence during the pendency of an appeal for enhancement?
- Section 302(b), Pakistan Penal Code 1860
ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.- This appeal by leave of the Court has been filed against the judgment dated 9th July, 2002 passed by the Lahore High Court, Lahore, in Criminal Appeal No. 736 of 1997 with Murder Reference No. 303 of 1997.
2. It is informed by the learned counsel for respondents that the respondent No. 1 has already served the legal sentence of life imprisonment awarded to him under section 302(b) PPC, by the learned High Court vide impugned judgment, therefore, relying on the judgments of this Court dated 19th October, 2004 decided in the case of Sajjadullah @ Sajjad Asad Vs. The State in Jail Petition No. 191/2004 and dated 26th January, 2005 in the case of Ghulam Ali Vs. Muhammad Yousuf and others in Criminal Petition No. No. 307-L of 2002 and also in the cases reported as Mst.
Razia Begum Vs. Jehangir and others (PLD 1982 SC 302), Mst. Promilla and others Vs. Safeer Alam and others (2000 SCM R 1166), Amir Khan and others Vs. The State and others (2000 SCMR 403) and Abdul Haq Vs. Muhammad Amin alias Manna and others (2004 SCM R 810) the appeal as become infructuous.
3. On the other hand learned counsel for appellant stated that the question with regard to the length of the period of life imprisonment and serving out legal sentence during the pendency of appeal for enhancement of sentence is already under consideration before a larger bench of this Court, therefore, till then instant petition be kept pending.
4. It may be noted that in so many cases we have already held that on serving out of sentence during pendency of appeal for enhancement, the convict cannot be sentenced for another sentence like death etc. Thus we are bound to follow same law so far it exists. Therefore, it is held that appeal has become infructuous if the respondent Saqlain has already served out the sentence. He is ordered to be released forthwith because he is in custody in pursuance of order dated 18th April, 2003 whereby while granting leave,- Superintendent Jail was directed not to release him.