BAJOR Alias BAZIAR RAHMAN AND 0THTRS vs THE STATE
This petition for special leave to appeal arose from a criminal appeal before the High Court, where the petitioners' counsel did not press the appeal on its merits but merely requested a reduction in sentences. Consequently, the High Court reduced the sentences without examining the merits of the convictions under Sections 325 and 147 of the Pakistan Penal Code. The petitioners contended that they had instructed their counsel to argue the appeal on merits. The Supreme Court of Pakistan granted leave to appeal to determine whether the High Court is relieved of its statutory duty to consider and decide a criminal appeal on its merits when the appellant's counsel only presses the appeal on the question of sentence. Pending the final disposal of the appeal, the bail granted to petitioners Nos. 2 to 5 was ordered to continue.
- Is the High Court relieved of its duty to consider a criminal appeal on its merits if the appellant's counsel only presses the appeal on the ground of sentence?
- Can a criminal appeal be disposed of solely on the question of sentence without an examination of the merits of the conviction by the appellate court?
- Section 325, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
ORDER
1. M. R. KHAN, J.--The petitioner No. 1 was convicted under section 325 of the Pakistan Penal Code and sentenced to rigorous imprisonment for 5 years. All the five petitioners including petitioner No. 1 were convicted under section 147 of the Pakistan Penal Code and sentenced to rigorous imprisonment for one year, each. The sentences of the petitioner No. 1 on two counts were to run concurrently. The petitioners preferred an appeal to the High Court against their convictions an sentences. Mr. Akrain Hossain Amin, Advocate represented the petitioners in the criminal appeal in the High Court. It appears from the judgment of the High Court that Mr. Akram Hossain Amin did not press the appeal on merits, but prayed only for reduction of sentences of the petitioners. On this prayer, the learned Judges of the High Court did not really consider the appeal on merits, but reduced the sentences of petitioner No. 1 to the period of sentence already undergone by him and the sentence of each of the remaining petitioners under section 147 of the Pakistan Penal Code was reduced from one year to six months' rigorous imprisonment.
2. It is alleged in paragraph 10 of the special leave petition that the petitioners had instructed their Advocate to press the appeal on merits, but this not having been done they are aggrieved by the judgment of the High Court. In a similar case, we already granted leave to consider if the High Court is relieved of its duty to consider a criminal appeal on merits if it is pressed only on the ground of sentence. Leave is, accordingly, granted in this case also.
3. The petitioners Nos. 2 to 5 who are already on bail shall continue to remain on bail till the disposal of the appeal.