2020 P Cr (PLP)
MOHAMMAD ARIF — Appellant Versus The STATE through Additional Advocate-General Azad Government and 3 others — Respondents
| Citation | 2020 P Cr (PLP) |
| Forum / Court | Shariat Appellate Bench |
| Bench Members | N/A |
| Parties | MOHAMMAD ARIF — Appellant Versus The STATE through Additional Advocate-General Azad Government and 3 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 P Cr (PLP)?
The case was heard and decided by the Shariat Appellate Bench bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 P Cr (PLP) (MOHAMMAD ARIF — Appellant Versus The STATE through Additional Advocate-General Azad Government and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- The STATE through Additional Advocate-General Azad Government and 3 others---Respondents
Headnotes / Summary
S. 410
Scope
Appeal against conviction, filed by counsel of convict, is not maintainable without surrendering the convict before the court
Judgment & Decree
RAJA SAJJAD AHMAD KHAN, J.
Above captioned appeal has been directed against the judgment of District Court of Criminal Jurisdiction, Bhimber dated 30.06.2018, whereby the appellant was convicted and awarded sentence of 25 years' Rigorous imprisonment in offence under section 302(c), A.P.C. and one month imprisonment in offence under section 341, A.P.C. He was further convicted and awarded five years' RI with fine Rs.10,000/-in offence under sections 13/20/65 of the Arms Act and awarded sentence of Rs.5,00,000/- (five lac rupees) as compensation to the legal heirs of the deceased.
2. For the sake of brevity I am not inclined to narrate the brief facts of the instant appeal because it has to be decided on technical ground.
3. It is proper to mention here that convict-appellant was allowed bail by this Court on 11.11.2016, however, at the time of announcement of judgment in the trial Court, he was convicted and awarded sentence in absentia. Thereafter, an appeal has been moved on his behalf by his counsel without surrendering the convict-appellant before this Court. Therefore, an appeal in absentia is not maintainable without surrendering. Our this view finds support from PLD 2004 Quetta 39 [Case titled Qadir Bakhsh and others v. The State and another] wherein it was held that:- "Before dilating upon the respective contentions of the learned Counsel for the parties, it is worthwhile to mention here that, many appeals against the judgments of the Anti-Terrorism Courts, were assailed by numerous appellants, who were convicted in absentia and to resolve the controversy; whether appeals can be filed by convicts in absentia, the matter was referred to a larger bench of this Court. The said bench heard all the appeals and through a consolidated judgment dated 17th June, 2003 held that, an appeal in absentia is not maintainable without surrendering." In view of the above stated law, the appeal stands dismissed in the manner indicated above. SA/66/HC(AJ&K) Appeal dismissed.