RIZWAN versus FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY
Sections 25 (5) and 25 (8) of the Constitution of Pakistan, Article 199 Constitutional application punishable by delay in appeal Appeal pending under the Anti-Terrorism Act, 1997 on bail, sentenced to five years imprisonment if short Have been charged with punishment. The men were sentenced by the Anti-Terrorism Court and sentenced to at least 5 years in prison. The convictions for the accused were that the appeal was to be decided within seven days under section 25 (5) of the Anti-Terrorism Act 1997, but with regard to the appeals in the High Court due to the backup, the end of the appeal in the near future. There was no chance. Of the five years imprisonment, the accused had already spent one year in jail and they are entitled to bail due to their short sentence. Prosecutors said the High Court had to grant bail in a constitutional (writ) petition. There is no jurisdiction and there was a complete ban on the approval of bail during the approval of the appeal under section 25 (8) of the Anti-Terrorism Act 1997. The High Court may, in the case of anti-terrorism, impose sentence and grant bail during the appeal hearing under the jurisdiction of the Constitution. In the Act of 1997, the accused were sentenced to five years imprisonment, which was a short sentence. One year had already passed and there was no possibility of a regular appeal hearing in the near future because if the accused were not released on bail during the approval of the appeal, they would have to go before their final decision to allow a constitutional application. Whole sentence will be imposed, sentence given by Anti-Terrorism Court suspended and bail granted to the accused
Related judgments — Karachi High Court Sindh, 2013
