Law:

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(a) Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S.423--Leave to appeal granted to consider contention that criminal appeal once admitted could not have been dismissed for non-prosecution, but it ought to have been decided on merits (b) Criminal Procedure Code (V of 1898)------S. 423--Criminal appeal--Dismissal for non-prosecution--Absence o: appellant or his pleader does not relieve Court from duty of perusing record and giving reasons in support of that there is no sufficient ground for interfering with conviction and sentence, of appellant--Case remanded to High Court for hearing of appeal and for decision afresh on merits. Muhammad Ashiq Faqir v. The State P L D 1970 S C 177 rel. (c) Criminal Procedure Code (V of 1898)-----S. 423--Pakistan Criminal Law Amendment Act (XL of 1958), S.10-­Provisions of Chapter XXXI of Cr.P.C., whether applicable to s delivered by Special Judge under Act (XL of 1958)--Appeal from conviction awarded by Special Judge--Dismissal of appeal by High Court for non prosecution, challenged--Held, S. 423, Cr.P.C. regulated procedure and powers of appellate Court in disposing of appeal--Disposal of appeal without applying mind to merits and dismissing it for non-prosecution being contrary to imperative terms of 5.423, Cr.P.C., Order, held, not sustainable--Case remanded to High Court for decision afresh on merits. S. M. K. Alvi v. The Crown P L D 1953 F C 189 ref. Obaidur Rehman, Advocate Supreme Court and Shabbir Ghaury, Advocate-on-Record for Appellant. A. Sattar Shaikh, Asstt. A.-G. with Muzaffar Husain, Advocate-­on-Record for the State. Date of hearing: 22nd April, 1985. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--Appellant Muhammad Bakhsh was tried and convicted by the Special Judge Anti-Corruption, Sukkur, under sections 409, 420 and 465 read with 468, P.P.C and section 5(2) of the Prevention of Corruption Act, for committing forgery in the revenue record. He was sentenced to various terms of imprisonment and fines under various counts vide judgment dated 2-9-1982. The appellant challenged his convictions and sentences in an appeal before the High Court of Sind. Sukkur Bench, but at the appellant and…

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