CRIMINAL APPEALS UNDER ARTICLE 185(2) OF THE CONSTITUTION
1- Criminal Appeals under sub-clauses (a), (b) and (c) of clause (2) of Article 185 shall be lodged within thirty days from the date of the judgment or final order appealed from and in case of criminal appeals under sub-clause (f) ibid, within thirty days from the date of the certificate of the High Court:
Provided that the Court may for sufficient cause extend the time.
2- The appeal shall be in the form of a petition in writing, which shall be accompanied by a certified copy of the judgment or final order appealed against and in the case of an appeal under Article 185(2) (f), also by a certified copy of a certificate granted by the High Court. The appellant shall file at least twelve copies of his petition and the accompanying documents for inclusion in the paper book of the appeal.
3- The appellant, if he is in jail, may present his petition of appeal and the accompanying document to the Officer-in-Charge of the jail, who shall forward them forthwith to the Registrar of this Court.
4- On receipt of the petition of appeal, the Registrar shall cause notice of the appeal to be given to the Attorney-General for Pakistan or the Advocate-General of the Province concerned, or to both, as the case may require, and in cases where the appeal is by the Government to the accused and shall also furnish the Attorney-General for Pakistan and or the Advocate-General of the province concerned or the accused, as the case may be, with a copy of the petition of appeal and the accompanying documents.
5- In the case of an appeal arising out of proceeding under the Foreign Exchange Regulation Act, 1947, the Registrar shall cause notice of the appeal to be given also to the Governor of the State Bank of Pakistan, where the said Bank is not impleaded as a party.
6- The Registrar shall thereafter send a copy of the petition of appeal to the High Court concerned for its record, and require the Registrar of the High Court to transmit to this Court the original record of the appeal alongwith the records of the Courts below with all convenient speed. In case where paper books of the appeal were printed/typed for use in the High Court, 12 copies thereof, or such lesser number as the Registrar may specify, shall also be transmitted alongwith the original record. The record shall be prepared at the expense of the appellant, unless the Court orders otherwise, but in appeals involving sentence of death, or imprisonment for life the record shall be prepared at the expense of the Government of the Province concerned.
7- In proper case, the Court may direct the engagement of an Advocate for an accused person out of the panel of counsel maintained for the purpose. In such a case the engagement of an Advocate-on-Record to instruct the Advocate shall not be necessary. The fee of Advocate so engaged shall be Rs.1000/- or such amount as may be fixed by the Court hearing the petition/appeal.
8- Due notice shall be given to the parties concerned of the date fixed for the hearing of the appeal. The accused may, where he so desires, present his case by submitting his arguments in writing and the Court shall consider the same at the hearing of the appeal.
9- The Court may, where it thinks fit so to do in the interests of justice direct the production of an accused person at the hearing of the appeal.
10- After the disposal of the appeal the Registrar shall, with the utmost expedition, send a copy of the Court’s judgment or order to the High Court concerned.
11- Pending the disposal of any appeal under this Order the Court may order that the execution of the sentence or order appealed against be stayed on such terms as the Court may think fit.
12- In criminal proceedings, no security for costs shall be required to be deposited and no court fee, process fee or search fee shall be charged except copying charges and in case of appeals filed through the fail authorities, the copying fee shall also not be charged.
13- Save as aforesaid the provisions contained in the preceding Orders in this Part shall, mutatis mutandis apply, so far as may be, to criminal appeals under this Order, except that concise statement will not be filed in Criminal Appeals unless ordered by the Court.
SOURCE: THE PAKISTAN SUPREME COURT RULES, 1980
(Amended upto 27-08-2003)
