| Citation(s) |
|---|
| 2004 SLG 823 2004 SLD 823 2004 SCMR 12 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.283-L of 2003, decision dated: 15-10-2003.(On appeal from the judgment dated 8-4-2003 of the Lahore Hugh Court, Multan Bench, Multan, passed in Criminal Appeal No.575 of 2000)
QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court for Petitioner. Khawaja Sultan Ahmad, Senior Advocate Supreme Court for
Respondent No. 1. Ainul Haq, Advocate Supreme Court for
Respondent No. 2
Criminal Petition for Leave to Appeal No.283-L of 2003, decision dated: 15-10-2003.(On appeal from the judgment dated 8-4-2003 of the Lahore Hugh Court, Multan Bench, Multan, passed in Criminal Appeal No.575 of 2000)
QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court for Petitioner. Khawaja Sultan Ahmad, Senior Advocate Supreme Court for
Respondent No. 1. Ainul Haq, Advocate Supreme Court for
Respondent No. 2
AMJAD HASSAN GURCHANI
VS
SAJJAD HAIDER KHAN and another
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-----Ss.426 & 561-A---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.7(1)---Suspension of sentence---Powers of High Court---During the pendency of appeal High Court cannot release a convict on bail in view of the exclusion of application of S.426, Cr.P.C. by S.7(1) of the Suppression of Terrorist Activities (Special Courts) Act, 1975---High Court can only exercise its jurisdiction under S.561-A, Cr.P.C. in the cases of hardship, such as pendency of appeal of convict for a number of years either on account of delaying tactics on the part of the prosecution agency, or because of heavy work load of the Court and also if accused was suffering from ailment of the nature detrimental to life. The State v. Syed Qaim Ali Shah 1992 SCMR 2192; Pervaiz Akhtar v. Muhammad Inayat and 4 others 1995 SCMR 929 and Manga Khan v. The State 1996 PSC (Criminal) 332 ref. (b) Penal Code (XLV of 1860)----- ----S.302(b)/34---Criminal Procedure Code (V of 1898), Ss.426 & 561-A---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.7(1)---Constitution of Pakistan (1973), Art.185(3)---Suspension of sentence---Validity---High Court while, suspending the sentence of accused had not dilated upon any of the prerequisite conditions viz. that S.7(1) of the Suppression of Terrorist Activities (Special Courts) Act, 1975, had excluded the application of S.426, Cr.P.C. and that powers under S.561-A, Cr.P.C. could only be exercised by the High Court in the cases of hardship---Merit of the case alone bad been considered by the High Court to be the ground for suspending the sentence and admitting the accused to bail, which was not the requirement of law---Petition for leave to appeal was consequently converted info appeal and was allowed and bail granted to accused by the High Court was cancelled. The State v. Syed Qaim Ali Shah 1992 SCMR 2192; Pervaiz Akhtar v. Muhammad Inayat and 4 others 1995 SCMR 929 and Manga Khan v. The State 1996 PSC (Criminal) 332 ref. JUDGMENT ABDUL HAMEED DOGAR, J.---Petitioner Amjad Hassan Gurchani has sought leave to appeal against the order dated 8-4-2003 passed by a learned…
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