GRANT OF PARDON AGAINST LIFE IMPRISONMENT
To, The Honorable President, Islamic Republic of Pakistan, Islamabad. Subject: APPLICATION U/S 402,402 Cr.P.C FOR GRANT OF PARDON AGAINST LIFE IMPRISONMENT IN CRIMINAL APPEAL NO.598 OF 2005 BY SUPREME COURT OF PAKISTAN VIDE JUDGEMENT DATED 12.06.2009 IN "MUHAMMAD SHARIF V/S THE STATE" Excellency The following facts are laid before your honour for equitable and gracious considerations in disposal of very humble submissions for remissions of sette awarded to the husband of applicant. 1. That, the petitioners / applocant has nominated in delayed FIR No.108/95 dated 10.09.1995 U/S 342-365 for alleged abduction / illehal confinement of one Abdul Ghafoor upon express doubt of complainant Noor Muhammad. The trial court of Learned Sessions Judge Quetta acquited the applicant from charge of murder U/S 302 PPC, which was added to the initial charges of abduction etc. U/S 365/342 PPC vide judgement dated 01.07.1998, as against this acquittal of applicant's husband, the complainnant Noor Muhammad went in appeal before the High COurt of Balochistan, Quetta. The Learned High Court of Quetta vide judgement dated 17.12.1998, convicted the applicant by withdrawing all the benefits of doubts prevailing in the circumstances of the case and awarded him death sentence amd imprisonment for 7 years U/S 365 and one year U/S 342. Then the applicant's husband filed an appeal from Jail before the Supreme Court of Pakistan which partially allowed, whereby the death sentence has been converted to life imprisonment with benefit of section 382-B Cr.P.C. 2. That, the Honourable Supreme Court of Pakistan has not extended full benefits of doubt to the applicant's husband in this unseen occurance, circumscribed in a delayed FIR by about 22 days, wherein charge of murder was absent, no direct evidence on all the offences avaiable and retracted judicial confession which was extracte under duress using third degree methods during the investigation, and the punishment of life imprisonment appears to harsh. 3. That, the grounds for pardon and remission of sentence of applicant's husband are available in abundance in the circumstances of this case of record case is examined. 4. That, the applicant's has suffer for a long time and the applicant and children are also suffering, due to the doubtful alleged involvement of applicant's husband in this mysterious murder case. It is therefore respectfully prayed that the applicant's husband may be released by passing an order in exercise of power under the constitution to grant pardon or to remit or commute the sentence awarded to applicant's husband with kindness. Noor-un-Nisa W/O Muhammad Sharif
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