HAYAT BAKHSH AND Others vs The STATE

This criminal appeal before the Supreme Court of Pakistan concerns the conviction of multiple appellants. The core legal question addressed by the Court pertains to the merits of the appellants' convictions and the procedural status of one appellant who is a fugitive from justice. The Court, in its order, accepted the appeals of Hayat Bakhsh, Muhammad Afzal, and Allah Bakhsh (son of Sikandar), resulting in their acquittal and immediate release, provided they are not required in any other legal matter. Conversely, the Court dismissed the appeal of the appellant Allah Bakhsh (son of Muhammad Bakhsh) on the specific ground that he is a fugitive from justice. The judgment establishes the principle that the appellate court may decline to entertain or dismiss an appeal filed by a convict who remains a fugitive from justice, while simultaneously granting relief to co-appellants whose convictions are found to be unsustainable upon review.