BISMILLAH KHAN vs State S — 2022 MLD 1002 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 MLD 1002 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: MLD
Parties: BISMILLAH KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 426---S; S. 426

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BISMILLAH KHAN VS State S.426---Suspension of sentence, pending appeal---Scope---Accused sought suspension of his sentence---Court had to be closed for a period of two months on account of winter vacations, hence, there was no chance of fixation of main petition in near future---Accused had remained on bail during his trial and there was no allegation that he had misused the concession of bail during his trial---Since the sentence awarded to the accused was short one, therefore, chances could not be ruled out that the main revision of the accused could not be heard till the period of coming six months---If it happened so, then under S.426(1-A)(a), Cr.P.C., the accused would be entitled for bail on lapse of statutory period of six months---Petition was allowed, sentence awarded to the accused was suspended and he was ordered to be released on bail.

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