Case Details

Citation(s)
2001 SLG 1382 2001 SLD 1382 2001 SCMR 734
Supreme Court of Pakistan
Criminal Petition No. 640-L of 1999, decision dated: 24-05-2000
SH. IJAZ NISAR, SH. RIAZ AHMED AND RASHID AZIZ KHAN, JJ
Shahid Hussain Kadri, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Miss Yasmeen Sehgal, A.A.G., Punjab and C.M. Latif, Advocate Supreme Court for the State

ABBAS

VS

SESSIONS JUDGE, FAISALABAD and 2 others

Law:

Section:

Penal Code (XLV of 1860)-- ----S. 302/34---Constitution of Pakistan (1973), Art. 185(3)---No provision of law existed under which trial of accused could be stayed till the arrest of the co-accused, against whom evidence could be recorded under S.512, Cr.P.C.---Even otherwise, if co-accused did not appear for ten years, it did not mean that accused could not be tried for such a long period---Law also did not provide for holding any judicial inquiry qua the accused---Leave to appeal was declined to accused, accordingly. JUDGMENT RASHID AZIZ KHAN, J. ---Facts giving rise to this petition for leave to appeal are that -Petitioner Abbas alongwith 3 others, was reported against with Police Station Tarkhani, District Faisalabad for the murders of Ghulam Sarwar, Umar Hayat, Muhammad Aslam and Karam Ali on 13-6-1998. -Petitioner was arrested whereas remaining co-accused absconded and they have since been declared proclaimed offenders. In the present petition, the -Petitioner wants a direction to the trial Court to stay trial…
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