S. 408(b)----Accused convicted and sentenced by Magistrate empowered under S.30, Cr.P.C.-

 P L D 2016 LAHORE 255

S. 408(b)---Notification SO(JII)1-8/75(P-V), dated 21-3-1996---Accused convicted and sentenced by Magistrate empowered under S.30, Cr.P.C.---Direct appeal before the High Court---Not maintainable---Persual of S.408(b), Cr.P.C. [as amended through Notification No.SO(J-II)1-8/75(P-V), dated 21-3-1996 to the extent of Punjab] showed that any sentence passed by any class of Magistate including Special Magistrate was appealable to the Court of Session and any such appeal directly filed before the High Court was not maintainable.

2013 M L D 1054

Ss. 408(b) & 30---Appeal from sentence passed by Judicial Magistrate under S. 30, Cr.P.C.---Forum---Accused persons were convicted by Judicial Magistrate under S. 30, Cr.P.C. and sentenced to seven years imprisonment and fine---Accused persons filed appeal against their conviction before the Additional Sessions Judge, which was dismissed being coram non judice and returned for presenting before the High Court in view of S. 408(b), Cr.P.C.---Legality---Section 408(b), Cr.P.C. stated that a sentence of imprisonment for a term exceeding 4 years, passed by Assistant Sessions Judge, shall be appealable to the High Court---Word "Magistrate/Judicial Magistrate" did not find mention in S. 408(b), Cr.P.C., therefore, said section was not applicable in case of a sentence passed by a Magistrate under S. 30, Cr.P.C.---Impugned order was set aside with the direction that appeal before the Additional Sessions Judge should be considered to be pending---Revision petition was allowed accordingly.

2006 Y L R 1718

---Ss. 408, 435 & 439---Penal Code (XLV of 1860), Ss.392 & 411---Appeal before Additional Sessions Judge---Main­tainability---Petitioner had challenged order passed by Additional Sessions Judge by which he had dismissed appeal filed by petitioner against his conviction on ground that appeal could be filed before High Court as sentence awarded to petitioner was more than four years---Any conviction and sentence passed by a Magistrate was appealable before the Court of Session and if accused was convicted by Assistant Sessions Judge and sentenced to more than four years, that was appealable in the High Court---Conviction and sentence in the present case, having been passed by Magistrate 1st Class, appeal was maintainable before Sessions Court--- Appeal of petitioner was dismissed as withdrawn under impression that same was not maintainable before Sessions Court---Order of Additional Sessions Judge whereby appeal was dismissed as withdrawn, was declared to be illegal and subsequent order passed on the ground that earlier appeal was dismissed as withdrawn, had become of no legal effect---Both said orders were set aside by accepting revision and appeal which was dismissed as withdrawn, would be deemed to be pending and decided on merits after hearing parties.

2005 PCr.LJ 1435

----S. 408(b) [as amended by Law Reforms Ordinance (XII of 1972)]---If a person is convicted by any Magistrate, including Magistrate Section 30 and if the term of the sentence exceeds 4 years, appeal shall lie to the Court of the Session---If a sentence is passed by an Assistant Sessions Judge exceeding 7 years, appeal against such order cannot be filed before a Sessions Judge since they were part of a one Court---High Court, however observed that a lot of confusion would have been avoided, had the legislature itself provided in S.408(b), Cr.P.C. that appeal shall lie before a Sessions Court against an order of Magistrate Section 30, if it passes a sentence of imprisonment for a term exceeding four years---Principles.