2001 PLP 734 (SCMR)
ABBAS — Petitioner Versus SESSIONS JUDGE, FAISALABAD and 2 others — Respondents
| Citation | 2001 PLP 734 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Ijaz Nisar, Sh. Riaz Ahmed and Rashid Aziz Khan, JJ |
| Parties | ABBAS — Petitioner Versus SESSIONS JUDGE, FAISALABAD and 2 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2001 PLP 734 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 734 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Ijaz Nisar, Sh. Riaz Ahmed and Rashid Aziz Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 734 (SCMR) (ABBAS — Petitioner Versus SESSIONS JUDGE, FAISALABAD and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Hussain Kadri, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner.
- Date of hearing: 24th May, 2000.
- Miss Yasmeen Sehgal, A.A.-G., Punjab and C.M. Latif, Advocate Supreme Court for the State.
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, dated 18-11-1999 passed in Criminal Miscellaneous No.2004/M of 1999).
S. 302/34
Constitution of Pakistan (1973), Art. 185(3)
No provision of law existed under which trial of accused could be stayed till the arrest of the co-accused, against whom evidence could be recorded under S.512, Cr.P.C.
Even otherwise, if co-accused did not appear for ten years, it did not mean that accused could not be tried for such a long period
Law also did not provide for holding any judicial inquiry qua the accused
Leave to appeal was declined to accused, accordingly. Miss Yasmeen Sehgal, A.A.-G., Punjab and C.M. Latif, Advocate Supreme Court for the State.
Judgment & Decree
RASHID AZIZ KHAN, J.
Facts giving rise to this petition for leave to appeal are that petitioner Abbas alongwith 3 others, was reported against with Police Station Tarkhani, District Faisalabad for the murders of Ghulam Sarwar, Umar Hayat, Muhammad Aslam and Karam Ali on 13-6-1998. Petitioner was arrested whereas remaining co-accused absconded and they have since been declared proclaimed offenders. In the present petition, the petitioner wants a direction to the trial Court to stay trial of the petitioner till the arrest of co-accused persons. It has also been prayed that judicial enquiry be ordered as the petitioner is innocent.
2. Learned counsel for the petitioner as well as State have been heard at length. We have considered the request of the petitioner for stay of the trial but we find there is no provision of law under which trial can be stayed. Evidence against the co-accused will be recorded under section 512, Cr.P.C. Even otherwise, if co-accused does not appear for 10 years it does not mean that accused cannot be tried for such a long period. As far the question of holding judicial enquiry is concerned, there is no provision in Criminal Procedure Code under which such an enquiry can be ordered. There is no merit in this petition which is dismissed and leave to appeal is refused accordingly. N.H.Q./A-74/S Leave refused.