BAHADUR KHAN And 5 Others vs The STATE
This matter arises from a petition for leave to appeal directed against an order of the High Court concerning multiple petitioners convicted in a criminal case. The core legal question involves the appropriateness of maintaining sentences of fine for petitioners who played a comparatively minor role in the transaction and whose substantive sentences of imprisonment were already reduced to the period undergone. The Supreme Court of Pakistan held that the imposition of the sentence of fine upon the petitioners with minor roles was unjustified under the circumstances and warranted interference. The Court converted the petition into an appeal and set aside the sentence of fine qua the minor petitioners while dismissing the petition regarding the principal offenders.
- Whether the sentence of fine can be set aside for co-accused who played a minor role in the criminal transaction?
- Can a petition for leave to appeal be converted into an appeal by the Supreme Court of Pakistan?
ORDER
1. NASIM HASAN SHAH, J.---After hearing learned counsel for the petitioners we find no ground for interfering with the order of the High Court so far as petitioner No.1 (Bahadur Khan son of Dessondi) and petitioner No.4 (Muhammad Ilyas son of Bahadur Khan) are concerned. The petition filed on their behalf is, accordingly, dismissed.
2. However, so far as the remaining petitioners are concerned namely Sooba Khan son of Dessondi, Allah Ditta son of Fateh Din, Muhammad Sajjad son of Bahadur Khan and Muhammad Iqbal son of Bahadur Khan, their role in the transaction appears to have been comparatively minor. The High Court, in its impugned judgment, has already reduced their sentence to that already undergone by them, but did not interfere with the sentence of fine, imposed on them.
3. In our opinion, the imposition of the sentence of fine too, in the circumstances of the case, required interference.
4. Notice was issued to the Advocate-General, Punjab and Mr. Walayat Umar, Advocate, Supreme Court, has appeared.
5. We convert this petition into an appeal and allow the same in relation to Sooba Khan son of Dessondi, Allah Ditta son of Fateh Din, Muhammad Sajjad son of Bahadur Khan and Muhammad Iqbal son of Bahadur Khan. The result is that the judgment of the High Court dated 27-2-1991 qua them so far as imposition of sentence of fine is concerned, is set aside. , The overall result is that the appeal of Bahadur Khan and Muhammad Ilyas stands rejected, but that of Sooba Khan, Allah Ditta, Sajjad and Muhammad Iqbal is allowed in terms indicated above.