| Case ID |
08691a75-d748-4377-a332-ae16abf6accf |
| Body |
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| Case Number |
Criminal Miscellaneous No. 323-P of 2017 in Crimin |
| Decision Date |
May 03, 2018 |
| Hearing Date |
Apr 10, 2018 |
| Decision |
The application for suspension of sentence and grant of bail was dismissed. The court found that the petitioners did not meet the conditions outlined in Section 426(2-B) of the Criminal Procedure Code, as they were not able to demonstrate good grounds for relief. The court noted that the petitioners had previously been convicted by an Anti-Terrorism Court, and during the pendency of the appeal, they were not on bail. The court highlighted that the specific provisions of the Anti Terrorism Act, 1997 barred the High Court from suspending sentences during the appeal process. Therefore, the petitioners' request for bail was denied, emphasizing the discretion of the High Court and the legal framework governing such cases. |
| Summary |
In the case of Niaz Been and Others vs The State, the Peshawar High Court addressed a petition for suspension of sentence and grant of bail under the provisions of the Criminal Procedure Code and the Anti Terrorism Act. The petitioners, convicted by an Anti-Terrorism Court, sought relief pending their appeal before the Supreme Court. The court emphasized the legal stipulations that govern such requests, particularly the inability to suspend sentences awarded by a Special Court during the appeal process, as dictated by the Anti Terrorism Act. The judgment highlighted the importance of adhering to the legal framework while also ensuring that the rights of the convicted individuals are considered, but ultimately ruled that the petitioners failed to provide sufficient grounds for their request. This case underscores the complexities involved in criminal law, especially in terrorism-related convictions, and the stringent measures in place to ensure that justice is upheld. Legal practitioners should carefully navigate these provisions when representing clients in similar situations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED AFSAR SHAH,
JUSTICE MUHAMMAD AYUB KHAN
|
| Lawyers |
Hizar Hayat Daudzai for Applicants,
Muhammad Riaz Khan, A.A.G. for the State
|
| Petitioners |
NIAZ BEEN,
Asif,
Haji Habib,
Shiraz Khan
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1873,
2018 PLD 131
|
| Other Citations |
Irfan and another v. Muhammad Yousaf 2016 SCMR 1190
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997,
Penal Code (XLV of 1860)
|
| Sections |
426(2),
7,
25(8),
324,
353,
34
|