ABID HUSSAIN vs PERVAIZ IQBAL and 3 others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal seeking to examine the correctness of the High Court's judgment which resulted in the acquittal of Mumtaz Khan and the reduction of the death sentence of Pervaiz Iqbal to imprisonment for life. The core legal question involves evaluating the soundness of the reasons provided by the High Court for acquitting one co-accused and commuting the sentence of another. The Supreme Court granted leave to appeal to examine these issues, directing that notice be issued to the incarcerated respondent and bailable warrants be issued against the acquitted respondent to secure his appearance.
- Whether leave to appeal should be granted to examine the correctness of an acquittal by the High Court?
- Whether leave to appeal is warranted to review the conversion of a death sentence to imprisonment for life?
MUHAMMAD MUNIR KHAN, J.---As leave to appeal has been granted in the connected Criminal Petition for Leave to Appeal No,56/1994 against conviction of Sher Bahadur, leave to appeal is also granted in this petition to examine the correctness of the reasons given by the High Court for the acquittal of Mumtaz Khan (respondent No,3) and for converting the sentence of death of Pervaiz Iqbal (respondent No,1) to imprisonment for life.
2. Pervaiz Iqbal (respondent No,1) has not challenged his conviction and sentence. He is confined in the jail. So, notice will be issued to him.
' As for Mumtaz Khan (respondent No,3), let bail able warrants be issued against him in the sum of Rs,20,000 returnable to the Duty Magistrate, Attock.