Shakir Abbas vs State S — 2025 YLR 399 Gilgit-Baltistan Chief Court

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Shakir Abbas VS State S. 426---Penal Code (XLV of 1860), Ss. 302(b), 324, 34, 147, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, common intention, possessing illegal weapons, act of terrorism---Suspension of sentence pending appeal---Record showed that criminal appeal was sub-judice before the Court after lapse of more than three years---Petitioners were in judicial lock up for the last more than four years---Question for judicial consideration in the petition was that, whether an appeal filed under the special enactment if not decided within fifteen days, would give any right to the convict for his release on bail?---Section 25(5) of the Anti-Terrorism Act, 1997 ('Act 1997') directs that appeal is to be decided within seven days and subsection (8) of the said provision prohibits that during pendency of the appeal, the convict shall not be released---On this particular provision, during pendency of the appeal within the said seven days the convict shall not be released on bail---Section 25 of the Act, 1997 does not give any answer that if the appeal is not decided within seven days what would be the result of the same or if the appeal could not be decided for default of the complainant, the convict would be left unattended---Record in the main appeal showed that appeal was adjourned on the request of rival parties and the prosecutor and sometimes the appeal was adjourned due to strike of the members of the Bar Association---Secondly the provisions of S.25 of the Act, 1997 and S.426, Cr.P.C were not inconsistent with each other---No doubt appeal of a convict who was serving out the sentence of imprisonment should be decided within shortest possible time, but if the same was delayed for any reason beyond the control of the parties, Court should not leave the matter unattended---In the instant case, the appellants/convict petitioners were behind the bars since their arrest i.e. from the year 2020 and their appeal was pending before the Court since 10/11/2021, without any fault on their part---Appellants/ petitioners had been convicted for a period of 7 years with the benefit of S.382 (B) Cr.P.C. and they had already served out major portion of their imprisonment---Appeal of appellant/ convicts/petitioners was not likely to be fixed in the near future due to summer vacations---Since the major portion of sentence awarded to the petitioners had elapsed and statutory right of bail as envisaged in S.426, Cr.P.C already accrued to the petitioner/appellant, as such other merits of the case need not be discussed---Petition was allowed by suspending the sentence awarded to the appellants/petitioners.

Shakir Abbas vs State S — 2025 YLR 399 Gilgit-Baltistan Chief Court

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