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2004 SCMR 810

ABDUL HAQ
V/S
MUHAMMAD AMIN ALIAS MANNA AND OTHERS
(a) Constitution of Pakistan (1973) Arts. 13 & 185-

We are informed by the learned the learned counsel for petitioner that convict/respondent no. 1 after serving the entire period of his sentence, awarded to him by the learned High Court vide judgment dated 2nd March, 1999 has been released from custody.

But in our opinion this objection of the learned counsel is only of academic nature at this stage for the reasons noted above because this Court in above noted judgments has held that if an accused has served out the substantial/legal sentence for an offence, he cannot be awarded another sentence for the same offence. Additionally it may be added that it would be unfair, unjust and would also be in violation of Article 13 of the Constitution of Islamic Republic of Pakistan read with section 403, Cr.P.C. if now accused/convicts are vexed with another sentence for the same offence.

Thus for the foregoing reasons, petition stands dismissed and leave declined. [p. 811] A,B,C, & D

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