Law: Criminal Procedure Code (V of 1898)

Section: 344 , 47 , 344(1) , 249

Law: Qanun-e-Shahadat (10 of 1984)

Section: 47 , 2(c) , 4(m)

Law: Constitution of Pakistan, 1973

Section: 10_A

(a) Criminal Procedure Code (V of 1898)---

----S. 344---Power to postpone or adjourn proceedings---Sine die adjournment--Scope---Case had been adjourned sine die solely because one of the co-accused had not been arrested yet---Validity---Such reason alone did not justify the sine die adjournment of the case to the extent of the petitioners---Accused had a right to an expeditious decision in a criminal case and the pending lis could not have been used as a sword of damocles through a sine die adjournment---Continuation of the trial in the normal course would have served the ends of justice better---Although one of the co-accused was still at large, no one could say with certainty when the police would apprehend him---Recording of the prosecution evidence would have preserved the statements of the prosecution witnesses---If any of them were unavailable due to death or for any other reason upon the arrest of the absconding co-accused, their deposition could be legally brought on record in accordance with Art. 47 of the Qanun-e-Shahadat, 1984---Impugned order was set aside, in circumstances.

Sadullah and another v. The State PLD 2018 Bal. 39 rel.

(b) Criminal Procedure Code (V of 1898)---

----S. 344---Power to postpone or adjourn proceedings---Scope---Section 344(1) of the Cr.P.C. lays down guidelines for the postponement or adjournment of a case---It prohibits the Sessions Court from adjourning a case without specifying a date or for an indefinite period---Use of the expression "from time to time" in the provision indicates that the case can only be adjourned for a specific date and not indefinitely---Adjournment can only be made due to the absence of witnesses or for any other reasonable cause---Therefore, the Sessions Judge is empowered to adjourn the case from time to time and, if necessary or advisable, for a specific date---Section 344(1) explicitly states that the case must be adjourned to a specific date and the provision restrains the Sessions Judge from adjourning or postponing a case indefinitely.