AMIR KHAN and others vs THE STATE and others
This matter arises from Criminal Appeal No. 547 of 1995 challenging convictions and sentences, and Criminal Appeal No. 548 of 1995 seeking enhancement of sentences from life imprisonment to death. Leave to appeal was granted to consider whether a reappraisal of prosecution evidence was necessary to ensure the safe administration of criminal justice. During the proceedings, the learned counsel for the appellants stated that the appellants had already served out their entire period of sentences and had since been released, and consequently did not press the appeal. It was further submitted that the complainant's appeal for enhancement had become infructuous since the appellants could not be convicted again for the same offence, a proposition supported by the complainant's counsel. Accepting these submissions, the Supreme Court of Pakistan disposed of both appeals as having become infructuous.
- Whether an appeal against conviction becomes infructuous when the appellants have served out their entire sentence and been released?
- Does an appeal for enhancement of sentence become infructuous when the underlying criminal appeal is not pressed following the completion of the sentence?
ORDER
' In Criminal Appeal No,547 of 1995 the appellants namely, Amir Khan, Ghulam Hur alias Ghulam Shabbir and Ghulam Abbas, have challenged their convictions and sentences whereas in Criminal Appeal No,548 of 1995, Wazir Khan complainant, has prayed for enhancement of sentences of the above flamed appellants from life imprisonment to death. Leave in both the cases was granted to consider whether in order to ensure safe administration of criminal justice, reappraisal of prosecution evidence would be necessary.
2. Learned counsel for the appellants in Criminal Appeal No,547 of 1995 informs that the appellants after serving out their entire period of sentences have since been released and in such circumstances he would not press the appeal. He further submits that the appeal filed by the complainant has become infructuous as the appellants cannot be convicted again for the same offence learned counsel for the complainant supports the proposition. In these circumstances, both the appeals are disposed of as having become infructuous.
Cited by 4 cases
- Ghulam Shabbir vs The State and others 2021 PLD Lahore 200
- Ghulam Shabbir vs The State Etc 2021 KLR Criminal Cases 104
- Fazal Hussain & another vs Muhammad Taj & 2 others 2017 SCR 1050
- ABDUL MALIK and others vs THE STATE and others 2006 PLD Supreme Court 365