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1987 SCMR 83 Present: Aslam Riaz Hussain and Mian Burhanuddin Khan, JJ MUHAMMAD ZAHEERUDDIN ANWAR-- Appellant Vs THE STATE--Respondent Criminal Petition for Leave to Appeal No. 346 of 1985, decided on 6th November, 1985. (On appeal from the and order of Lahore High Court, Lahore, dated 29-5-1985 Civil Revision No. 275 of 1985). Constitution of Pakistan (1973)-- ---Art. 185(3)--Criminal Procedure Code (V of 1898), S. 540--Penal Code (XLV of 1860), S. 161--Prevention of Corruption Act (II of 1947), S.5 (2)--Leave to appeal--Grant of--Consideration of justice--Resummoning of witnesses--Statement of witness recorded in absence of accused who was sent to call his counsel--Counsel appeared just on conclusion of statement but his request for recalling witness for cross-examination purposes, not allowed--Petition in the interest of justice was converted into appeal and allowed--Case remanded for affording opportunity of cross-examination to appellant and then to proceed with trial in accordance with law. Abdul Rahman and others v. The State P L D 1983 S C 73; Kamal Din v. The State 1983 S C 85 and Ghulam Daud v. The State 1984 SCMR 898 ref. Muhammad Arif, Senior Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. M. Abdullah Bajwa, Advocate Supreme Court for the State. ORDER MIAN BURHANUDDIN KHAN, J.--The petitioner was tried by the learned Special Judge, Anti-Corruption, Lahore camp at Sialkot under section 161, Cr.P.C. read with section 5(2) of the Prevention 01 Corruption Act, 1947. Date for the prosecution evidence was fixed on 10-2-1985. Abdul Majid P.W. 1 was examined by prosecution. The petitioner was directed by the learned Special Judge to call his counsel to cross-examine the witness it is stated that petitioner returned to the Court, along with his counsel. When the statement of Abdul Majid P.W.1 had already been concluded and the second P.W. Noor Hussain was being examined petitioner's counsel requested that P.W.1 Abdul Majid may be recalled, who was present in the Court, to enable him to cross-examine the said witness. The learned Special Judge turned down this request and directed that an application for the said purpose be…

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