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ALLAHANDO KALHORO versus STATE


Section 262626 (1A) (C) of the Criminal Procedure (XLV of 1860), Section 302 (b) of the Qatel Ahmed accused of delay in hearing the appeal due to suspension of sentence and approval of bail during the appeal hearing. Cannot declare because there was no postponement. The accused, summoned by him on any date of hearing, had earlier filed an emergency petition and was constantly seeking to hear the case. The former convicted criminal / offender was not guilty of any crime that resulted in his death sentence or life imprisonment, nor was he described as harsh, frustrated. And dangerous offenders; or sentenced to death or life imprisonment for a terrorist act, including a pardon; they had already completed almost the entire sentence of life imprisonment by the trial court, two of the accused, who were brothers and He was elderly, suffering from a particular illness, the accused filed a bail to approve the bail. Their conviction during the appeal sentence, as there was no possibility that an appeal hearing could be heard in the near future, increased the CCP, under section 426, in view of the large number of cases before the court. Cannot be heard as a criminal modification of. The sentence was also pending, he was postponed, as there is no show cause notice for the increase in the death penalty from life, as according to the terms of section 9439 (), the CCP found the accused guilty The second request was forbidden. In the absence of the issuance of this legal notice to the accused persons, Section 26, 26, will not submit to the legal provision of the CRPC because the surrogate accused has filed the section 2626 ((1A) (C), C).

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