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Criminal Miscellaneous No. 650-B of 1987, decided: on 17th March, 1987.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) S.10--Bail--Federal Shariat Court while setting aside conviction and sentence of accused and remanding case ordered that accused would remain in custody till final decision of case--High Court, held, could not sit in judgment on aforesaid order of Federal Shariat Court- Bail refused.
Dr. Farooq A. Chaudhry for Petitioner.
Fazal-ur-Rehman for the State.
The petitioner was convicted under section 10(3) of Ordinance VII of 1979 and sentenced to 14 years' R.I. and whipping numbering 30 stripes. In appeal his conviction and sentence was set aside by the Federal Shariat Court vide judgment dated 28-10-1986 and case was remanded for fresh decision. After going through the aforesaid judgment and the order dated 19-2-1987, pissed in suo motu review No.l/L of 1987, I find that while remanding the case the Federal A Shariat Court had ordered that the appellant (petitioner herein) shall continue to be in custody till the final disposal of the case. This Court cannot sit in judgment on the aforesaid order of the Federal Shariat Court. This petition is, therefore, dismissed.
M.Y.H/M-352/L Bail refused
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