Law:

Section:

Azad Jammu and Kashmir Islamic Penal Laws (Enforcement) Act (IX of 1974)--- ----S. 25---Criminal Procedure Code (V of 1898), S.426(1-A)(c)--- Sentence, enhancement of---Grant of bail on statutory ground---Trial Court having awarded life imprisonment to accused person, accused as well as complainant filed appeal in the Shariat Court---Single Bench of Shariat Court dismissed appeal filed by accused person and accepted appeal of complainant and enhanced the punishment awarded to accused person---Supreme Court while accepting the appeal on technical ground that the death sentence was awarded by a Single Member Bench of Shariat Court, remanded the case to the Shariat Court for fresh decision by a Bench comprising of at least two Judges---Accused after remand of the case, applied for bail under S.426, Cr.P.C. on the sole ground that appeal being pending since last seven years, which had not been disposed of, he was entitled for statutory bail under S.426, Cr.P.C.---Full Bench of the Shariat Court, through the impugned , dismissed the application on the ground that the required period of two years of pending of appeal, had not been completed---Statutory provisions of S.426(1-A)(c), Cr.P.C. conveyed the spirit of law that for the purpose of that provision the period consumed in disposal of appeal would be considered before the concerned Appellate Court; and not other courts before which the first, second or any other type of appeal remained pending---Argument, of the counsel for accused person that the period consumed in disposal of the appeal of accused before all the courts, would be computed for the purpose, was repelled---Validity---Shariat Court had rightly passed the impugned and there was no reason to disagree with the conclusion drawn in the impugned ---Statutory provisions for grant of bail on the ground of pendency of appeal, was not attracted in the case. 1998 SCR 146 and PLD 2007 SC (AJK) 119 distinguished. Abdul Razzaq's case 1983 SCMR 234 rel. JUDGMENT CH. MUHAMMAD IBRAHIM ZIA, J.---The supra titled criminal appeal is filed under the provisions of section 25 of the AJ&K Islamic Penal Laws (Enforcement) Act, 1974 against the order of the Shariat Court…

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