ABDUL RASHEED MUHAMMAD FAROOQ vs THE STATE
This matter comes before the Supreme Court of Pakistan upon jail petitions for leave to appeal filed against concurrent convictions and sentences. The core legal question concerns whether the sentence of death awarded to the convicts should be reduced in light of a partial compromise between the parties, relying on established case law. The court held that leave to appeal is granted solely to examine the question of the quantum of sentence in the given circumstances of the case, directing the appeals to be prepared on the same record and fixed for hearing within three months. The key principle laid down is that the Supreme Court may grant leave to appeal to examine the quantum of sentence where a partial compromise is presented by the convicts.
- Can leave to appeal be granted solely to examine the question of quantum of sentence?
- Does a partial compromise between the parties warrant consideration for the reduction of a death sentence?
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---Learned counsel for the petitioners stated that as there is a partial compromise between the parties, therefore, in view of the law laid down in the case of Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others (1997 SCM R 1307) he is pressing these jail petitions for leave to appeal to the extent of reduction in the sentence of death awarded to the convicts.
2. Leave to appeal is granted only to examine the question of quantum of sentence in the given, circumstances of the case. Appeals be prepared on the same record as only question of quantum of sentence is involved.
3. Therefore, appeals arising out these petitions are directed to be fixed within a period of three months.