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KEWAL vs State Ss — 2022 YLR 1252 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 1252 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
KEWAL vs State Ss
Subject matter
Criminal
Provisions referred to
S. 561-

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

KEWAL VS State Ss. 412 & 561-a---appeal---Dismissal of appeal for non-appearance of accused---Restoration of appeal---Scope---appeal of the accused was dismissed due to his non-appearance---accused, after being arrested, filed another appeal---Second appeal was not competent; firstly, because the order passed by the Court though not a judgment on merits but still occupied the field; secondly, Court could not hear appeal against its own order/judgment; thirdly, appeal was hopelessly barred by time---Since the accused, after obtaining bail had remained fugitive of law, had not surrendered rather was got arrested and produced before the Court, so the delay which was willful, intentional and inordinate could not be ignored nor was condonable---Counsel of the accused requested the Court to treat the second appeal as an application under S. 561-a, Cr.P.C. for condonation of delay---application was accepted, order for dismissal of first appeal for non-appearance was recalled and the same was resurrected.

Other judgments reported in 2022 YLR

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