2008 P Cr (PLP)
GHULAM MUHAMMAD — Appellant Versus THE STATE and 4 others — Respondents
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | GHULAM MUHAMMAD — Appellant Versus THE STATE and 4 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (GHULAM MUHAMMAD — Appellant Versus THE STATE and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 417
Penal Code (XLV of 1860), Ss.337-A(1), 337-F(iv) & 458
Appeal against acquittal, restoration of
Appeal, after admission, could not be summarily dismissed without thrashing over the factual and legal aspects arising therein
Non-appearance of the appellants arid their counsel could not be a ground for dismissal of appeal unless all the questions raised on merits were decided
Impugned order was set aide
Judgment & Decree
MRS. QAISER IQBAL, J.
The appellant has resorted to file acquittal appeal against the respondents Nos.2 to 5 in Crime No.65 of 1988 under sections 458/337-A(i)/337-F(iv), P.P.C. registered at Police station Baldia Town, Karachi which was admitted for hearing on 25th August, 2003, came up for hearing on 27th April, 2007 while criminal acquittal appeal was dismissed on the premises that the appellant was not interested to pursue the same. Mr. Mehmood A. Qureshi learned counsel for appellant has contended that it is settled principle of law that after a criminal appeal has been admitted for hearing it calls for a more intensive perusal and examination of record by the appellate Court for deciding points of law and fact arising therein. Under no circumstances and at no stage the criminal appeal can be dismissed in default without reference to the merits of the appeal itself. Adverting to the facts of the present case appeal was admitted, as well as the respondents were directed to appear before the Court and they had also furnished the surety for appearance in Court. However, on account of non-appearance of the counsel appearing in Court on one date of hearing criminal acquittal appeal was dismissed in default, for non-prosecution. In support of the above contentions reliance is placed on Ghulam Muhammad v. The State PLD 1960 (W.P.) Lah. 11 and Muhammad Bakhsh v. the State 1986 SCMR
59. Learned State counsel has conceded to the legal proposition advanced on behalf of the appellant. I am convinced that after the admission of criminal appeal it could not be summarily dismissed without thrashing the factual and legal aspects arising therein. Non-appearance of the appellant and their counsel could not be a ground for dismissal unless all the questions raised on merits are decided. In view of the legal position emerged out of the facts and circumstances of the case the impugned order is hereby set aside. Appeal is restored to its original position. Notice be issued to the respondents for appearance in Court on 4-9-2007. H.B.T./G-30/K??????????????????????????????????????????????????????????????????????????????????? Order accordingly.