Pakistan Case Law
1996 SCMR 983

MUHAMMAD BASHIR vs THE STATE

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Citation1996 SCMR 983
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 130 of 1994
Date1995-02-06
Judge(s)Mir Hazar Khan Khoso, Manzoor Hussain Sial
Authored byManzoor Hussain Sial
ResultLeave granted
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This matter concerns a petition for leave to appeal against the dismissal of a criminal appeal on the grounds of limitation. The petitioner challenges the conviction and sentence of two years rigorous imprisonment imposed by the Additional Sessions Judge. The core legal questions are whether the petitioner was denied an adequate opportunity of hearing as required by law, and whether a criminal appeal that is time-barred can be treated as a criminal revision under the Code of Criminal Procedure 1898. Additionally, the petition raises the issue of whether the lower courts failed to properly appraise the evidence in accordance with established principles of criminal justice. The Supreme Court, finding that the contentions raised require detailed consideration, granted leave to appeal to examine these procedural and evidentiary issues. The decision emphasizes the necessity of ensuring that procedural bars, such as limitation, do not preclude the court from exercising its revisional jurisdiction where appropriate and that the right to a fair hearing is strictly upheld in criminal proceedings.

Questions settled in this judgment
  • Can a time-barred criminal appeal be treated as a criminal revision under Section 439 of the Code of Criminal Procedure 1898?
  • Does Section 439(5) of the Code of Criminal Procedure 1898 act as a bar to treating a criminal appeal as a revision?
  • Is a court required to provide an adequate opportunity of hearing under Section 439(2) of the Code of Criminal Procedure 1898 before passing an order of conviction?
Laws & provisions referred
  • Section 439(1), Code of Criminal Procedure 1898
  • Section 439(2), Code of Criminal Procedure 1898
  • Section 439(5), Code of Criminal Procedure 1898
criminal revisionlimitationopportunity of hearingleave to appealappraisal of evidencecriminal appeal

ORDER

1. MANZOOR HUSSAIN SIAL, J.---Learned counsel for the petitioner contended that in the circumstances of the instant case Muhammad Bashir, petitioner, was not afforded adequate opportunity of hearing as envisaged under subsection (2) of section 439, Cr.P.C. When his appeal was dismissed being barred by time and order of his conviction was passed by the learned Additional Sessions Judge sentencing him to R . I . For two years. It was further contended that the criminal appeal filed by the petitioner could have been treated as criminal revision under subsection (1) of section 439 Cr.P.C. As subsection (5) thereof is no bar in the matter. It was lastly contended that the learned Courts below did not appraise the evidence in accordance with the principles set down by this Court in administration of criminal justice. The contentions raised require considerations. Leave to appeal is granted .

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