Mst. SARWAR JAN vs AYUB and another
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging an order passed by the Additional Sessions Judge, Haripur, on 15-12-1992, which enhanced the sentence imposed upon convicts by the trial court. The core legal question for consideration is whether the revisional order of the Additional Sessions Judge enhancing the sentence was appealable, and consequently, whether jurisdiction under section 561-A of the Code of Criminal Procedure 1898 could be invoked to set aside that order. The Supreme Court granted leave to appeal to examine these questions regarding the maintainability of appeals against sentence enhancement and the scope of inherent powers of the High Court under section 561-A.
- Whether an order of the Additional Sessions Judge enhancing a sentence imposed by the trial court is appealable?
- Can jurisdiction under section 561-A of the Code of Criminal Procedure 1898 be invoked to set aside an order passed in revisional jurisdiction enhancing a sentence?
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. MANZOOR HUSSAIN SIAL, J. ---Leave to appeal is granted in this case, to consider whether, the order of the Additional Sessions Judge, Haripur, dated 15-12-1992, enhancing the sentence imposed upon the convicts by the trial Court, was appealable, if so whether jurisdiction under section 561-A, Cr.P.C.
2. Could set aside the order of the Additional Sessions Judge, passed in exercise of revisional jurisdiction.