MEHRAM AND Others vs The STATE
This matter arises from a criminal appeal before the Supreme Court of Pakistan challenging the conviction of the appellants under Section 201 read with Section 149 of the Pakistan Penal Code 1860, following an appeal where the High Court had set aside their original murder convictions. The core legal question concerned the legality of the High Court's order convicting the appellants under Section 201 of the Pakistan Penal Code 1860 without affording them an opportunity to explain the incriminating circumstances. During the proceedings, the counsel for the appellants stated that he had instructions not to press the appeal because the appellants had already undergone the sentences imposed upon them. Consequently, the Supreme Court dismissed the appeal and maintained the convictions and sentences. The key principle established is that an appeal may be dismissed as not pressed when the appellants have already served the awarded sentences.
- Can an appeal be dismissed as not pressed when the appellant has already undergone the sentence?
- Whether a conviction under Section 201 of the Pakistan Penal Code 1860 requires an opportunity to explain circumstances?
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
1. MUHAMMAD YAQUB ALI, C. J.--Mehhram, Manzoor, Ghulam Destgir Mena, Muhammad Ali, Ghulam Qadir were sentenced by the Sessions Judge., Sahiwal oar 20-3-1971, under sections 302/149 and 147, P: P. C. And sentenced each to transportation for life on the: first count arid to two years rigorous imprisonment each on the second count. On appeal a Divisional Bench of the High Court acquitted them of the charge of murder but found them guilty under section 201/149, P: P. C. And by order dated 28-7-1971 sentenced them to different terms of Imprisonment ranging from 4 years to 7 years rigorous imprisonment.
2. Leave to appeal was granted on 29th October 1971, to consider "`legality of the High Court order convicting the appellants tinder section 201 P.P.C. Without giving them an opportunity to explain the circumstances on which the finding of the High Court was based.
3. Mr. Maqbool Ahmad Qadri. Advocate-on-Record state that he hat instructions not to press this appeal as the appellants have already under. Gone the sentences imposed on them under section 201, P. I'. C.
4. The appeal is accordingly dismissed maintaining the convictions and; sentences suffered by the appellants under section 201, P. P. C. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.