ISLAMABAD   -   Additional District and Sessions Judge Afzal Majoka yesterday dismissed the applications of PTI founding chairman Imran Khan and his wife Bushra Bibi seeking suspension of their sentences in the unlawful marriage case.

The judgement was reserved on Tuesday last after completion of arguments of legal team of former first couple and complainant Khawar Maneka. Imran Khan and Bushra were convicted for 7 years imprisonment and Rs. 0.5 million fine each on February 3 after court proceedings at Adyala Jail, Rawalpindi.

A large amount of national and international journalists, PTI lawyers and police were present in the courtroom.

On Thursday, Judge Majoka said copy of detailed judgment will be given shortly, applications of both the petitioners have been dismissed, and he left the courtroom after that.

Later, a 10-page judgment was released which stated that it is a settled law that while deciding an application for bail or suspension of sentence during the pendency of an appeal merits of the case are not adverted to commented upon in any detail. Merits of the case could not be discussed while deciding application under section 496 CrPC.

The judgment further stated that there is no force in the contention that the powers conferred on appellate court u/s 426 CrPC to suspend sentence pending the hearing of an appeal are wider than the power to release on bail under section 497 and 498 CrPC. It further stated that a person convicted of such an offense would not be entitled to bail u/s 426 CrPC unless strong grounds are made to appear that conviction is not liable to be sustained.

The judgment also cited a case law which stated that presumption of innocence is only for an accused during the trial but it’s not for the convict. It further stated that in previous judgments it has been seen that applications for suspension of sentence were accepted when petitioners had gone through major portion of their sentence.

The order also said that the appeals of both the petitioners are direction appeals from Islamabad High Court and are to be decided before July 12. There’s a case law in which suspension of sentence was not decided because main appeal was time barred from the superior courts.

At the end of the judgment, it said no ground for suspension of sentence is available to both the petitoners. Accordingly, the petitions under section 426 CrPC are dismissed.