| Case ID |
0955c4fe-7fc9-4f4e-87b9-12a025de8a6e |
| Body |
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| Case Number |
Criminal Revision No. 04 of 2021 |
| Decision Date |
Dec 04, 2021 |
| Hearing Date |
Dec 04, 2021 |
| Decision |
The petition was allowed, and the sentence awarded to the petitioner Bismillah Khan was suspended. He was ordered to be released on bail, subject to the furnishing of bail bonds in the sum of Rs. 2,00,000/- with two local sureties. The court noted that the petitioner had remained on bail during his trial without any allegations of misuse and highlighted the potential delay in hearing the main revision petition due to winter vacations. Therefore, the petitioner was entitled to bail under Section 426(1-A)(a) of the Criminal Procedure Code if the revision could not be heard within six months. |
| Summary |
In the case of Criminal Revision No. 04 of 2021, the petitioner Bismillah Khan sought suspension of his sentence under Section 426 of the Criminal Procedure Code, arguing that the court would be closed for winter vacations, affecting the hearing of his main petition. The court found that there was a substantial likelihood that the main revision would not be heard within six months, thus entitling the petitioner to bail. The court emphasized that the petitioner had been on bail during the trial without any misuse. The decision allowed for the suspension of the sentence and granted bail, highlighting the procedural safeguards in place for defendants awaiting appeal. This case underscores the importance of timely access to judicial review and the rights of individuals under the Criminal Procedure Code. |
| Court |
GB Chief Court Skardu
|
| Entities Involved |
Not available
|
| Judges |
RAJA SHAKEEL AHMED, J
|
| Lawyers |
Ali Haider,
Usama Zubairi,
Muhammad Zakir,
Liaqat Ali Boto
|
| Petitioners |
BISMILLAH KHAN
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 2193,
2022 MLD 1002
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
426
|