| Case ID |
00e2a963-c409-4779-a673-524275bbb39f |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application No. 926-P |
| Decision Date |
Jul 05, 2022 |
| Hearing Date |
|
| Decision |
The court dismissed the Criminal Miscellaneous Petition/Bail application filed by Doctor Khan for suspension of his sentence. The court noted that the petitioner had already filed a Jail Petition before the Honorable Supreme Court of Pakistan and had been granted leave to appeal. The court emphasized that it does not find any legal impediment for the petitioner to approach the Supreme Court directly for relief. The ruling highlighted the historical context of section 426(2B) of the Criminal Procedure Code, confirming that the High Court does not retain jurisdiction to grant bail after the dismissal of an appeal unless exceptional circumstances are presented. Therefore, the decision reinforced the importance of adhering to procedural norms in the appeal process. |
| Summary |
In the case of Doctor Khan versus The State, the Peshawar High Court addressed the Criminal Miscellaneous Bail Application No. 926-P of 2022, concerning the petitioner's request to suspend his sentence pending appeal. The petitioner, Doctor Khan, was convicted under section 9(c) of the Control of Narcotic Substances Act in a case involving the recovery of 113 KG of charas. The court reviewed the legal framework under section 426(2B) of the Criminal Procedure Code, which allows for the suspension of sentences pending appeals to the Supreme Court. The judges deliberated on the historical context and legislative intent behind the bail provisions, ultimately ruling that the High Court lacks jurisdiction to grant bail once an appeal has been dismissed, unless compelling reasons are provided. The court's decision underscores the procedural integrity of the judicial system and the necessity for petitioners to seek appropriate interim relief directly from the Supreme Court. This case highlights critical issues surrounding drug-related offenses and the complexities of criminal procedure in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
JAN KHATTAK,
ISHTIAQ IBRAHIM
|
| Lawyers |
|
| Petitioners |
Doctor Khan
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 3262,
2022 PCRLJ 1690
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Criminal Procedure Code,
Control of Narcotic Substances Act
|
| Sections |
426(2B),
9(c)
|