MUHAMMAD SHARIF and another vs ASGHAR and others
This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court, which had partially allowed an appeal and dismissed a revision petition. The petitioners challenged the High Court's decision, specifically contending that the court failed to properly appreciate the quantum of sentence and compensation awarded in the case. Upon review, the Supreme Court of Pakistan found merit in the petitioners' submission regarding the assessment of the sentence. Consequently, the Court granted leave to appeal, strictly limiting the scope of the proceedings to examine the question of the sentence. Furthermore, the Court issued specific interim directions regarding the custody of the respondents, ordering that one respondent currently incarcerated remain in jail until the final disposal of the appeal, while directing the issuance of bailable warrants for the remaining respondents. The Court also noted the familial relationship between the parties and granted them liberty to file an application should they reach a mutual settlement concerning the compensation amount.
- Can the Supreme Court grant leave to appeal limited solely to the question of sentence?
- Is a respondent in custody entitled to release pending the final disposal of an appeal where leave has been granted?
- Are parties permitted to settle the issue of compensation during the pendency of an appeal before the Supreme Court?
ORDER
1. ' GHULAM MUJADDID, J.--Muhammad Sharif and Muhammad Riaz seek leave to appeal against the judgment of the Lahore High Court dated 27-6-1983 whereby the appeal of the respondents was allowed partly and the revision filed by Bashir Ahmad was dismissed in limine.
2. ' Learned counsel for the petitioners submitted that according to his information Rehmat respondent is stated to be dead. So qua him this petition has abated.
3. With regard to the remaining respondents, it was argued that the High Court did not properly appreciate the quantum of sentence and compensation.
4. ' There is good deal of force in the submission. So we grant leave to appeal to examine just the question of sentence.
5. ' Asghar respondent is reported to be in jail. He shall not be released till the appeal is finally disposed of.
6. Bailable warrants against the others. The parties are related inter se. In cases they come to any settlement with regard to the question of compensation, I they are permitted to make necessary application to this Court.