Alamzeb Khan (Practising Lawyer) 03 April 2013

Convict is abducted from jail.. procedure of appeal

Respected members of Indian lawyers Club,

I am practising lawyer of Peshawar High Court, Bannu Bench, K.P.K, Pakistan. I need the kind assistance of learned members of this forum to kindly assist me on the following query which i am facing:

i am counsel of Accused/appellant who was awarded life imprisonmnet, who later on filed appeal against the same before High Court and during pendency the convict/appellant alongwith others were taken away (Abducted) from the prison by unknown militants. Now my question is that what course will be adopted by the High court for disposing his appeal against conviction.

Anxiously waiting for your kind assistance.

Alamzeb Khan Advocate (Pakistan)

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2 Replies

Sudhir Kumar, Advocate (Advocate) 03 April 2013

How do you prove they are abducted and not ran away from jail.

Filiong Heabus Corpus will establish bonafides.

Alamzeb Khan (Practising Lawyer) 03 April 2013

Thanks Sudhir Kumar for your reply. Brother i have already been succeeded in convincing the court that accused/appellant had been abducted by the militants. Only thing which i am asking from the members of this forum is to kindly assist me that in present circumstances what course will be adopted by the High court for disposing the appeal against conviction of accused/appellant in the given circumstances.