ABDUL MAJEED Versus State

ORDER

RANA BHAGWANDAS, J.--- Both the jail petitions are directed against Balochistan High Court judgments upholding conviction and sentence of the petitioner in two different trials under section 302(b), P.P.C. read with sections 6(i) and 7 of the Anti-Terrorism Act, 1997 sentencing him to death and fine of Rs.1,00,000. In addition, the petitioner was convicted under section 395, P.P.C. and sentenced to 10 years' R.I. and fine of Rs.5,000. In the second trial under section 13(e), Arms Ordinance, 1965 read with section 6(3) of the Anti-Terrorism Act, 1997, he has been convicted and sentenced to R.I. for five years and fine of Rs.10,000. In appeal, High Court has maintained the conviction and sentence recorded by the trial Court.

2. We have heard learned counsel for the petitioner as well as learned Additional Advocate-General, Balochistan.

3. It is, inter alia, pointed out that name of the petitioner did not appear in the F.I.R., which was lodged after unexplained delay of six hours; that the petitioner was arrested after the passage of almost two months whereafter identification parade was conducted through witnesses under the supervision of Naib Tehsildar, Khuzdar, who had conducted the investigation as well. It is urged that the conviction and sentence of the petitioner is based on no evidence and rather inadmissible evidence, which could not be treated as conclusive warranting a sentence on capital charge;

4. After hearing parties' counsel, we are inclined to grant leave for reappraisal of the evidence in order to ascertain whether the principles for safe administration of criminal justice, as laid down by this Court, were fully adhered to? Order accordingly.

N.H.Q./A-72/SC Leave granted.