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Petitioner: MUHAMMAD BASHIR VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Mir Hazar Khan Khoso, Manzoor Hussain Sial Title: MUHAMMAD BASHIR vs THE STATE Case No.: Criminal Petition No, 130 of 1994 Date of Judgment:1995-02-06 Reported As: 1996 SCMR 983 Result: Leave granted
Judgment ORDER MANZOOR HUSSAIN SIAL, J.---Learned counsel for the petitioner contended that in the circumstances of the instant case Muhammad Bashir, petitioner, was not afforded adequate opportunity of hearing as envisaged under subsection (2) of section 439, Cr.P.C. When his appeal was dismissed being barred by time and order of his conviction was passed by the learned Additional Sessions Judge sentencing him to R . I . For two years. It was further contended that the criminal appeal filed by the petitioner could have been treated as criminal revision under subsection (1) of section 439 Cr.P.C. As subsection (5) thereof is no bar in the matter. It was lastly contended that the learned Courts below did not appraise the evidence in accordance with the principles set down by this Court in administration of criminal justice. The contentions raised require considerations. Leave to appeal is granted .