Mst. KHALIDA MUMTAZ vs HAMID ALI KHAN and others
This matter originated as a petition for leave to appeal challenging an order passed by the High Court, which had suspended the sentences of the respondents/convicts in a criminal case involving offences under the Pakistan Penal Code 1860. The core legal question before the Supreme Court concerned the validity of the High Court's exercise of discretion in suspending the sentences of the convicts under the Code of Criminal Procedure 1898. Upon consideration, the Supreme Court deemed the matter a fit case for the grant of leave to appeal. Noting that one of the respondents was currently in custody following the issuance of non-bailable warrants by the Supreme Court due to his failure to appear, the Court converted the petition into an appeal. The Court directed that the appeal be prepared on the existing record and scheduled it for final hearing and disposal, emphasizing that no adjournments would be granted. The decision reflects the Court's supervisory jurisdiction over the suspension of sentences pending appeal in criminal matters.
- Does the Supreme Court have the authority to convert a petition for leave to appeal into an appeal when a respondent is in custody?
- Is the suspension of a sentence by the High Court under Section 426 of the Code of Criminal Procedure 1898 subject to review by the Supreme Court?
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 426, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel from both the sides, we consider it a fit case for grant of leave to appeal in order to examine the validity of the impugned order, whereby the sentence of convicts/respondents in a case under sections 307/148/149, 457/380, P.P.C. Was suspended by the High Court, under section 426, Cr.P.C. As one of the respondents (having been arrested as a result of non-bailable warrants issued by this Court on his non- appearance) is in custody; therefore, we convert this petition into an appeal and fix it for hearing and disposal on 7th of August, 1988.
2. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary documents. No adjournment to be granted on any ground.