Law: Criminal Procedure Code (V of 1898)

Section: 239,235

Law: Pakistan Penal Code, 1860

Section: 302,324,34,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 239---Penal Code (XLV of 1860), Ss.302/324/34/109---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, abetment---Consolidation of trial of accused and co-accused---Scope---During trial case of accused was bifurcated from case of co-accused as the former remained an absconder and non-bailable warrants were issued against him---Accused subsequently joined trial and his case proceeded separately---Application filed by accused before Trial Court under S.239, Cr.P.C. for consolidation of cases was dismissed---Validity---Trial Court had rightly observed that case of accused was bifurcated from case of co-accused to avoid delay in conclusion of trial; that evidence of 13 prosecution witnesses during trial of co-accused and 15 prosecution witnesses during trial of accused had been recorded and all prosecution witnesses were cross-examined at length---Inconvenience would be caused to the prosecution witnesses if they were recalled and both cases were amalgamated---Accused could not point out any prejudice that would be caused by if trials were conducted separately---Revision application was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 235 & 239---Trying persons/offences jointly---Scope---Court was not bound in every case to try offences or persons jointly. Noor Ahmed v. The State PLD 1964 SC 120 rel. ORDER NAIMATULLAH PHULPOTO, J.---By this single order we will dispose of Criminal Revision Applications Nos.48 and 49 of 2013 filed by applicants/accused Iftikhar Ali and Ahsan Mian, respectively, as the same arise out of the order dated 11th March 2013, passed by learned Special Judge (STA)/Sessions Judge, Shaheed Benazir Abad in S.T.A. Cases. Nos.7 of 2003 and 138/2012, whereby prayer of the applicants/accused for consolidation of the cases viz. Cases Nos.7 of 2013 and 138 of 2013, arising out of F.I.R. No.104 of 1999 under section 302, P.P.C. registered at Police Station Qazi Ahmed and prayer to proceed with the cases afresh were declined by the learned trial Court. For the sake of convenience and to understand the factual position, the relevant portion of the order of the…

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