BAZ MUHAMMAD and another vs THE STATE through National Accountability
This matter comes before the Supreme Court of Pakistan through two petitions directed against the same judgment involving common questions of law and facts. The core legal question concerns the reappraisal of evidence to determine whether the findings of conviction recorded by the courts below satisfy the requirements established by the Court for the safe administration of criminal justice, particularly in light of contentions that the case rested on no evidence. The Court held that leave to appeal is granted to reappraise the evidence. Furthermore, noting that the petitioners have already served out their substantive sentences, the Court decided that the sentences awarded in default of payment of fine should be suspended. The key principle laid down is that where leave is granted to reappraise evidence in a criminal conviction and substantive sentences have already been served, the remaining sentence in default of fine may be suspended and the accused admitted to bail.
- Can the Supreme Court reappraise evidence in a criminal conviction upon granting leave to appeal?
- Whether sentences in default of payment of fine can be suspended when substantive sentences have already been served?
ORDER
' By this common order we intend to decide the above titled two petitions as they are directed against the same judgment involving common questions of law and facts.
2. Leave is granted to reappraise the evidence whether findings recorded by the Courts below against the petitioners about their conviction satisfy the requirements of principles laid down by this Court for safe administration of criminal justice as it is contended that it was a case of no evidence, Criminal Miscellaneous Appeal No,Nil of 2001.
3. We have heard both the learned counsel. The petitioners have already served out their substantive sentences. Since leave has already been granted in both petitions to reappraise the evidence, therefore, sentences awarded to the petitioners in default of payment of fine are hereby suspended and they are admitted to bail in the sum of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of trial Court.