appeal against 7 years conviction lies before Sessions court not High court

appeal against 7 years conviction lies before Sessions court not High court (Mujjan Ali Panhwar)
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 SENTENCE d 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.
2013 MLD 1054 ISLAMABAD
Side Appellant : JEHANZEB
Side Opponent : State