The court held that both appeals for the suspension of sentences are rejected, and the convicts are not eligible for bail under Section 426 for a bailable offense.
ISLAMABAD: (UrduPoint/Pakistan Point News-June 25th, 2024) A Sessions court on Thursday rejected the pleas of PTI Founder Imran Khan and his wife Bushra Bibi for suspension of sentences in the case of the marriage during the iddah period.
However, the main appeals in the case are still pending.
Additional District Sessions Judge Afzal Mujoka announced the reserved decision on the appeals against the sentences in the iddah marriage case.
The judge issued a detailed decision comprising 10 pages.
The court held that both appeals for the suspension of sentences are rejected, and the convicts are not eligible for bail under Section 426 for a bailable offense.
The decision further stated that under the law, even a female convict cannot claim bail.
The decision also mentioned that during the hearing of the plea for the suspension of sentences or release on bail, the merits of the case cannot be discussed.
The sentences given to both convicts are neither short-term nor have they served a major portion of their sentences.
The court referred to the case of Muhammad Riaz vs The State in the Pakistan Criminal Law Journal, holding that bail is a right of an under-trial accused, not of a convicted person.
PTI founder and Bushra Bibi had filed various appeals for the suspension of sentences in the iddah marriage case.
It is worth noting that on November 25, 2023, Bushra Bibi’s former husband Khawar Maneka had filed a complaint, and on February 3, 2024, Senior Civil Judge Qudratullah had given a decision against PTI founder and Bushra Bibi.
The trial court had sentenced PTI founder and Bushra Bibi to seven years in prison each.
Session Judge Shah Rukh Arjumand had excused himself from announcing the reserved decision on May 29. The Islamabad High Court had instructed the Additional Sessions Judge to decide on the suspension of sentences within ten days and on the main appeals within a month.
Now, the main appeals in this case will be heard on July 2. It is clarified that former Prime Minister Imran Khan is currently imprisoned in Adiala Jail only because of the sentence in the iddah marriage case. The PTI founder has already been acquitted in the Toshakhana and Cipher cases and is out on bail in the 190 million Pounds case and the May 9 cases registered in Lahore, Rawalpindi, and Faisalabad.
The FIA has interrogated the PTI founder twice in jail regarding the state-opposing video tweet case, but no new case has been registered against the PTI founder in this matter, and no new case has been filed against him anywhere at present.