1986 SCMR 87

MUHAMMAD ASLAM Alias MOULVI vs The STATE

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Citation1986 SCMR 87

CourtSupreme Court of Pakistan

Case No.Criminal Appeal No. 24 of 1981

Date1985-10-11

Judge(s)Shafiur Rahman, Zaffar Hussain Mirza and Mian Burhanuddin Khan

Authored byShafiur Rahman

ResultAppeal dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a criminal appeal filed before the Supreme Court of Pakistan. The core legal question addressed was whether the appeal remained maintainable given the subsequent release of the appellant. Upon review of the record, the Court observed that the appellant had been released on 11 October 1982 by the Assistant Director Reclamation and Probation, Lahore, as confirmed by official correspondence from the Superintendent of Jail, Gujranwala. Consequently, the Court held that the appeal had become infructuous due to the appellant's release. The key principle established is that where an appellant has already been released from custody, rendering the relief sought in the appeal moot, the appeal is liable to be dismissed as infructuous.

Questions settled in this judgment

Does the release of an appellant from custody render a pending criminal appeal infructuous?
Can an appeal be dismissed if the relief sought has already been granted through administrative action?

criminal appealinfructuous appealmootnessrelease on probationSupreme Court of Pakistan

ORDER

1. SHAFIUR RAHMAN, J.-- No one is present on behalf of the appellant. This appeal has become infructuous as the appellant has since been released on 11-10 1982 by the Assistant Director Reclamation and Probation, Lahore, intimated by Superintendent Jail, Gujranwala' letter No. 256, dated 27th January, 1985. The appeal is accordingly dismissed as infruetuous.