Law:

Section:

(a) Constitution of Pakistan (1973)Art. 203-F-Supreme Court Rules, 1980, O. XXIII, r. 8 and O. V, r. 2-Criminal Procedure Code (V of 1898), S. 391-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10 (2)-Accused convicted and sentenced to five years' rigorous imprisonment and 15 stripes by Federal- Shariat Court-Accused seeking leave to appeal against of Federal Shariat Court and with petition for leave to appeal filing application under O. XXIII, r. 8, Supreme Court, Rules, 1.980 for suspension of sentence of imprisonment, fine and whipping-Power and Procedure of Shariat Appellate Bench (Supreme Court) or a Judge thereof in respect of such application statedSentence of whipping suspended pending hearing of petition for leave to appeal. So far as the power and procedure of the Shariat Appellate Bench or a Judge thereof in respect of such applications for interim suspension of sentence of whipping is concerned, it is provided in Order XXXV, rule 1 of the Supreme Court Rules that "subject to the provisions of this Order, the provisions contained in the other Orders of these Rules relating to civil & criminal appeals, petitions, review petitions and jail petitions and other petitions applications and proceedings and all orders or instructions from time to time issued relating to practice and procedure of the Court shall, mutatis mutandis, apply to appeals, petitions, review petitions and jail petitions and other petitions, applications and proceedings filed under or in respect of jurisdiction conferred by Article 2,03-F of the Constitution". Rule 2, Order V of the Supreme Court Rules empowers a Single Judge, sitting in chambers to exercise the powers of the Court inter alia, in relation to application for stay of execution of a sentence or order in criminal proceedings, subject to its reconsideration at the instance of any aggrieved party by a Bench of not less than three Judges. Link 1 The sentence of whipping is a distinct specie of sentences which can be passed on conviction for certain offences. It has been so treated and provided for in section 391 of the Criminal Procedure Code. Link 2 Held, there being present, apart from the physical…

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