SAIFULLAH KHAN and another vs THE STATE
This matter arises from a criminal appeal before the Supreme Court of Pakistan, involving two appellants. During the proceedings, one of the appellants, Afsar Khan, filed an application seeking to withdraw his appeal on the ground that he had already served out his substantive sentence and intended to deposit the remaining fine and Diyat before the trial Court, an action reportedly hindered by the pendency of the appeal. The core legal question concerned whether an appellant should be permitted to withdraw their criminal appeal under such circumstances. The Supreme Court accepted the withdrawal application and dismissed the appeal of Afsar Khan as withdrawn, subject to the condition that he shall not be released from custody until the full amount of fine and Diyat is duly paid into the trial Court. The key principle laid down is that a criminal appeal may be permitted to be withdrawn upon the request of the appellant, provided that any statutory or judicial conditions regarding sentences, fines, or Diyat remain fully satisfied prior to release.
- Can an appellant withdraw their criminal appeal after serving out the substantive sentence?
- Whether an appellant seeking to withdraw an appeal is required to clear outstanding fines and Diyat before release?
ORDER
' SARDAR MUHAMMAD RAZA KHAN, J.--- Out of two appellants, Afsar Khan son of Misar Khan has applied for withdrawal of appeal. The reason given is to the effect that he has served out the sentence and now wants to deposit fine as well as Diyat before the trial Court, which is not accepted due to the pendency of instant appeal.
2. For the aforesaid reasons Criminal Appeal No,152 of 2006, so far as Afsar Khan son of Misar is concerned, is hereby dismissed as withdrawn. However he shall not be released unless the amount of fine and Diyat is paid in Court. Copy of this order be sent to the learned Sessions Judge/trial Court and the Superintendent Jail concerned.