An appeal can file against any sentence referred to in section 413 or section 414 whereby any penalty specified therein is combined with any other penalty, but no sentence otherwise not subject to appeal may be appealed solely on the grounds that the convicted person was ordered to find.
What are the grounds for an appeal?
Criminal Appeal is a process by which an order of a subordinate Court challenge before its superior court. And an appeal filed only by a person became a party to the case before the subordinate Court. Even, at the death of such a person. His legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. Moreover, the person filing or continuing a complaint called the appellant and the relevant court called the appellate court. If a party to a case has no inherent right to challenge a judgment of a Court before its Superior Court. Then an appeal only files if specifically permitted by law in a legal manner.
What happens when you appeal a sentence?
Criminal Appeal is a process by which an order of a subordinate Court challenge before its superior court. And an appeal filed only by a person became a party to the case before the subordinate Court. Even, at the death of such a person. His legal heirs and successors in interest may as well as file or maintain an already filed appeal in many matters. Moreover, the person filing or continuing a complaint called the appellant and the relevant court called the appellate court. If a party to a case has no inherent right to challenge a judgment of a Court before its Superior Court. Then an appeal only files if specifically permitted by law in a legal manner.
According to the Criminal Appeal Procedure, the Supreme Court is primarily an appellate court. And an appeal file against the judgment or order of the various High Courts and the Subordinate Courts.
Appeal before the Supreme Court:
- A Criminal Appeal can file against the orders of the High Court in criminal cases within 30 days from the date of the judgment passed by the High Court. You can invoke the jurisdiction of the Supreme Court by submitting: –
- A criminal Petition for leave to appeal can file under Article 185 (3) of the Constitution. It will file within 30 days from the date of order/judgment passed by the High Court.
- Criminal Appeal can file under Article 185 (2) (a) (b) & (c) of the Constitution. It will file within 30 days from the date of order/judgment passed by the High Court.
- A Criminal Appeal can file Under Section 19 of the Contempt of Court Ordinance, 2003. And Section 476 of the Criminal Procedure Code, 1898. It will file within 30 days from the date of the judgment passed by the High Court.
- A Jail Petition for leave to appeal can file Under Rule 3, Order XXIII of the Supreme Court Rules, 1980. It will file within 30 days from the date of the judgment of the High Court.
How does apply for Supreme Court protection in criminal cases?
In Criminal cases against the orders of the High Court, we can invoke the jurisdiction of the Supreme Court. So we can file the following remedies:
Leave to appeal under Article 185(3) of the Constitution, which is called Criminal Petition within 30 days from the date of order/judgment passed by the High Court.
A Criminal Appeal file under Article 185 (2) (a) (b) & (c) of the Constitution within 30 days from date of order/judgment passed by the High Court.
A Criminal Appeal Under Section 19 of the Contempt of Court Ordinance, 2003 and Section 476 of the Criminal Procedure Code, 1898 can file within 30 days from date of order/judgment passed by the High Court.
A Jail Petition for leave to appeal Under Rule 3, Order XXIII of the Supreme Court Rules, 1980 can file within 30 days from date of order/judgment passed by High Court.
How to apply for protection in the Supreme Court in Sharia cases?
Appealing orders/decisions issued by the Federal Sharia Court may invoke the jurisdiction of the Supreme Court. So we can get the following means
Civil Sharia Appeal under Section 203-F(1) of the Constitution vs. Final Decision of the Federal Sharia Court in a proceeding where under Section 203-D of the Constitution, the Federal Sharia Court decides whether any law or rule of law is inconsistent Islamic precepts within 60 days from the date of the ruling/decision of the Federal Sharia Court.
(Time limit is 6 months for Federation or Province). Civil Sharia Petition under Section 203-F(2B) of the Constitution on the above matter against the Interim Order within 60 days from the date of the Federal Sharia Court Order.
Appeal against the Criminal Sharia under Article 203-F (2A) of the Constitution in criminal cases within 30 days from the date of the ruling/decision of the Federal Sharia Court.
Criminal Sharia petition under section 203-F (2B) of the Constitution in criminal cases within 30 days from the date of the ruling/decision of the Federal Sharia Court.
If the accused is in prison after being convicted by the High Court, what remedy is available to him?
The convicted person may invoke the jurisdiction of the Supreme Court by either filing a petition for leave to appeal through the relevant prison authorities or by filing a petition for leave to appeal through an attorney/lawyer on record within 30 days from the date of the ruling/judgment of the High Court.
Appeal before the High Court:
An appeal is the legal process of asking a higher court to review a judge’s decision in a lower court trial court because you think the judge has made a mistake. In the same manner the party that filed the appeal is called the appellant.
The High Court is the central court of the province, which exercises its original jurisdiction to issue writs to enforce fundamental rights and jurisdiction of appeals (decisions of lower courts and special courts).
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