1996 PLP 983 (SCMR)
N/A
| Citation | 1996 PLP 983 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Hussain Sial and Mir Hazar Khan Khoso, JJ |
| Parties | N/A |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 983 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 983 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Hussain Sial and Mir Hazar Khan Khoso, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 983 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz Noon, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
- Date of hearing: 6th February, 1995.
- Malik Rab Nawaz Noon, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 15‑9‑1994 of the Lahore High Court, Rawalpindi Bench in Cr. Revn. No. 98/88). ‑‑‑‑S. 439‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Leave to appeal was granted to consider the contention that accused was not afforded adequate opportunity of hearing as envisaged under S. 439(2), Cr.P.C. when his appeal was dismissed being barred by time and he was convicted and sentenced to two years' R.I. by the Sessions Court, that Criminal Appeal filed by accused could have been treated as criminal. revision under S. 439(1), Cr.P.C. for which S. 439(5), Cr.P.C. was no bar and that the Courts below had not appraised the evidence in accordance with the principles laid down by Supreme Court for administration of criminal justice. Nemo for the State.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.
Learned counsel for the petitioner contended that in the circumstances of the instant case Muhammad Bashir, petitioner, was not afforded adequatr 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 . N.H.Q./M.3005/S Leave granted.