| Citation(s) |
|---|
| 1970 SLG 3112 1970 SLD 3112 = 1970 PLD 335 |
Supreme Court of Pakistan
Criminal Appeal No. 4 of 1970, decided on 18th March 1970.
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqub Ali, Sajjad Ahmad, M. R. Khan and Wahiduddin Ahmad, JJ
Farid v. Ghulam Hassan and others 1969 S C M R 924 and Muhammad Aslam v. The State P L D 1967 S C 539 ref. Mahmud Ali Qasuri, Senior Advocate Supreme Court (Ghulam Mohammad, Advocate with him) instructed by M. Siddiq, Advo cate-on-Record for Appellant. M. Anwar, Senior Advocate Supreme Court instructed by Mahmud A. Qureshi, Advocate-on-Record for
Respondents Nos. 1-4. Malik Muhammad Jafar, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for
Respondent No. 5.
Criminal Appeal No. 4 of 1970, decided on 18th March 1970.
Presented By: Hamoodur Rahman, C. J., Muhammad Yaqub Ali, Sajjad Ahmad, M. R. Khan and Wahiduddin Ahmad, JJ
Farid v. Ghulam Hassan and others 1969 S C M R 924 and Muhammad Aslam v. The State P L D 1967 S C 539 ref. Mahmud Ali Qasuri, Senior Advocate Supreme Court (Ghulam Mohammad, Advocate with him) instructed by M. Siddiq, Advo cate-on-Record for Appellant. M. Anwar, Senior Advocate Supreme Court instructed by Mahmud A. Qureshi, Advocate-on-Record for
Respondents Nos. 1-4. Malik Muhammad Jafar, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for
Respondent No. 5.
GULZAR HASSAN SHAH-Appellant
VERSUS
GHULAM MURTAZA AND 4 OTHER -Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497, 498
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st August 1969, in Criminal Miscellaneous No. 4768 of 1969). (a) Criminal Procedure Code (V of 1898)------ ---Ss. 497 & 498 read with S. 561-A-Bail-Special leave to appeal-Granted by Supreme Court to consider whether (i) High Court could in its inherent juris diction recall or reverse an order made by it and (ii) bail had been granted in disregard of principles laid down by Supreme Court. (b) Criminal Procedure Code (V of 1898)------ ----Ss. 369, 498 & 561-A-Section 369 does not control S. 498-Section 561-A can be invoked in suitable cases. Section 369 of the Cr. P. C. does not control section 498 and in suitable cases section 561-A of the Criminal Procedure Code can be invoked. In the first place, an order passed under section 498, Cr. P. C. is not a judgment within the meaning of section 369, Cr. P. C. Moreover, section 369 of the Criminal Procedure Code is in the Chapter relating to original trial and unless it is speci fically applied to other proceedings under the Criminal Procedure Code, it cannot be said to have any application to other proceed ings. Sankatha Singh and others v. State of Uttar Pardesh A I R 1962 S C 1208 distinguished. Muhammad Salimullah Khan and another v. The State P L D 1961 Lah. 227 and Emperor v. Atta Muhammad A I R 1945 Lah. 130 ref. (c) Criminal Procedure Code (V of 1998)------ ----S. 561-A---Inherent powers of High Court-When can `be invoked. General principles of finality of judgment attaches to the decision or order of the High Court passed in criminal cases. But it will not apply to cases where an order is passed without juris diction or without giving any opportunities to the parties of being heard. In such cases section 561-A, Cr. P. C. can be invoked for the purpose of doing justice between the parties and for seeing that the act of the Court does no injury to any of the parties. This is an inherent power of the Court and has been preserved by the above provision of law. In rare and exceptional cases the High Court has inherent power to revoke, review or alter its own earlier decisions in cases which are not governed by…