AZIZ MUHAMMAD Versus QAMAR IQBAL

ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, J. ‑‑‑This petition for leave to appeal .has been filed against the judgment dated 23rd January, 2001 passed by Lahore High Court. Lahore whereby criminal revision filed by petitioner has been dismissed.

2. There is no need of mentioning the facts of the case except that respondents were arrested on 12th February 1985. They were sentenced to death by the Military Court and they remained in Death Cell till 10th December, 1991. On appeal the case was remanded to Sessions Judge, Mandi Bahauddin for retrial, who vide judgment dated 28th April 1994 convicted/sentenced them under section 302/34, P.P.C. to imprisonment for life on each count with tine of Rs.10,000 each or in default to further undergo R.I. for two years each. Fine if recovered was ordered to be paid to the legal heirs of deceased as a compensation. Benefit of section 382‑B, Cr.P.C. was also extended to them. During the period of retrial of the case they continuously remained under incarceration and after availing the benefit of section 382‑B, Cr.P.C. they have released from jail.

3. After hearing the learned counsel for petitioner at some length have invited his attention towards the cases of Mst. Razia Begum v. Jehangir and others (PLD 1982 SC 302), Mst. Promilla and others v. Safeer Alam and others (2000 SCMR 1166) and asked him to satisfy us as to whether after serving the substantial/legal sentence, can an accused be awarded another sentence for the same offence. Learned counsel frankly conceded that this Court in above‑noted judgments has elaborately discussed this question and he is bound to follow the same.

In view of above situation, we are of the opinion that as this Court in above‑noted judgments has held that if an accused has served out the substantial/legal sentence for an offence, he cannot be awarded another sentence for the same offence and if it is so it would be unfair, unjust and would also be in violation of Article 13 of the Constitution of Islamic Republic of Pakistan read with section 403, Cr.P.C.

Thus for the foregoing reasons, petition stands dismissed.

N.H.Q./A‑292/S Leave refused.