| Citation(s) |
|---|
| 2021 SLG 1338 2021 SLD 1338 2021 PCRLJ 656 |
Sindh High Court
Criminal Revision Application No. 201 of 2018, decided on30th October, 2019, Date of hearing: 2nd October, 2019.
MUHAMMAD SALEEM, JESSAR, JUSTICE
Nasrullah Korai for Applicant.Khawaja Shamsul Islam along with Mehmood for
Respondent No.1 and
Respondent No. 51.Yousuf Molvi for
Respondent No. 23.Nadir Khan Burdi for
Respondent No. 52.
Criminal Revision Application No. 201 of 2018, decided on30th October, 2019, Date of hearing: 2nd October, 2019.
MUHAMMAD SALEEM, JESSAR, JUSTICE
Nasrullah Korai for Applicant.Khawaja Shamsul Islam along with Mehmood for
Respondent No.1 and
Respondent No. 51.Yousuf Molvi for
Respondent No. 23.Nadir Khan Burdi for
Respondent No. 52.
THE STATE THROUGH PROSECUTOR GENERAL SINDHVSSHAHZAD RIAZ AND OTHERS
Law: Prevention of Corruption Act, 1947
Section: 5(2)
Law: Penal Code (XLV of 1860)
Section: 109,409,420,467,471,34
Law: Criminal Procedure Code (V of 1898)
Section: 249,249-A
d criminal cases--- Simultaneous hearing---Sine die adjournment---Accused persons were allegedly involved in causing loss to national exchequer by misappropriating subsidy for tractors---Trial Court during pendency of proceedings adjourned proceedings sine die on grounds that civil and criminal proceedings on same subject matter were being simultaneously conducted---Validity---No legal bar existed if both, civil as well as criminal proceedings, relating to same or similar/identical subject matter proceeded simultaneously---If criminal proceedings were allowed to be continued, even in such an eventuality, at trial stage accused persons would be afforded sufficient opportunity of hearing to disprove allegations levelled against them---Accused persons would also be entitled to initiate other remedies available under law and appropriate proceedings against complainant and/or other responsible persons---Making claim for awarding compensation to them, if ultimately it was found and concluded that allegations leveled against accused persons were frivolous and vexatious and had been filed with ulterior motives only to victimize accused persons---High Court set aside order passed by Trial Court for sine die adjournment of proceedings---High Court directed Trial Court to proceed with trial on merits against all accused persons---Case was remanded in circumstances. A. Habib Ahmed v. M.K.G. Scott Christian and 5 others PLD 1992 SC 353 and Seema Fareed and others v. The State 2008 SCMR 839 distinguished. 2017 CLC 1140; Muhammad Akbar v. The State and Maulvi Muhammad Yasin Khan PLD 1968 SC 281; Muhammad Aslam v. The State 2017 SCMR 390; Abdul Haleem v. The State and others 1982 SCMR 988; Sheikh Muhammad Naseem v. Mst. Farida Gul 2016 SCMR 1931; Muhammad Aslam v. The State and other 2017 SCMR 390; Sheikh Muhammad Nafees v. Additional Sessions Judge Hafizabad 2010 PCr.LJ 1442 and Noor Muhammad v. The State and others PLD 2007 SC 9 ref. JUDGMENT MUHAMMAD SALEEM JESSAR, J.--- By means of instant Criminal Revision Application the Applicant/State has assailed Order dated 22.10.2018, handed down by Special Judge Anti-Corruption (Provincial), at Karachi whereby he allowed five Cr.…
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