Law: Criminal Procedure Code (V of 1898)

Section: 466

Law: Penal Code (XLV of 1860)

Section: 302,34

Criminal Procedure Code (V of 1898)--- ----S. 466---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Release of lunatic pending trial---Scope---Application filed by the petitioner under S. 466(1), Cr.P.C., for declaring him lunatic and releasing him on bail after his medical examination from mental health institution was dismissed---Scope---Section 464, Cr.P.C, envisaged that, during an inquiry or a trial, if the Court has a reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the fact of unsoundness of mind of accused shall be inquired into---While forming a prima facie tentative opinion, the Court may give due consideration to its own observations in relation to the conduct and demeanor of an accused person---Failure of party to raise such plea during trial did not debar the Court from forming an opinion "on its own" regarding the capability of accused person to face the proceedings of trial---Record showed that the Trial Court ably had asked numerous questions to accused, replied by him rationally and satisfactorily to form prima facie tentative opinion as to whether the accused was incapable of understanding the proceedings of trial or making his defence, therefore the Trial Court being legally not necessarily obliged to hold any inquiry regarding his medical examination about his mental illness, unsoundness of mind and incapacity to stand trial, correctly refused his request and had rightly passed the impugned order, which called for no interference---Petition was dismissed accordingly. Sofia Bano and another v. Home Department, Government of Punjab through its Secretary and others PLD 2021 SC 488 and Shahbaz Ahmad v. The State and others 2021 PCr.LJ 1100 rel. ORDER ANWAARUL HAQ PANNUN, J.---By means of instant petition under section 435, Cr.P.C. read with section 439, Cr.P.C. the Order dated 18.03.2023 passed by the learned trial Court/Additional Sessions Judge, Gujranwala has been challenged whereby pending trial in case FIR No.557/22 dated 29.04.2022, offence under sections 302, 34, P.P.C., registered with P.S. Sabzi Mandi, Gujranwala, the application of accused Muhammad…

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