| Citation(s) |
|---|
| 2004 SLG 813 2004 SLD 813 2004 SCMR 1 |
Supreme Court of Pakistan
Criminal Petitions Nos.189, 191 and 215 of 2003, decision dated: 24-09-2003.(On appeal from the judgment dated 5-5-2003, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeals Nos.43-E and 44-E of 2002)
SH. RIAZ AHMAD, C.J., QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Muhammad Ilyas Siddiqui, Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record for Petitioner (in Criminal Petition No. 189 of 2003).Raja Muhammad Ibrahim Satti, Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record for Petitioners (in Criminal
Criminal Petitions Nos.189, 191 and 215 of 2003, decision dated: 24-09-2003.(On appeal from the judgment dated 5-5-2003, passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Criminal Appeals Nos.43-E and 44-E of 2002)
SH. RIAZ AHMAD, C.J., QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Muhammad Ilyas Siddiqui, Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record for Petitioner (in Criminal Petition No. 189 of 2003).Raja Muhammad Ibrahim Satti, Advocate Supreme Court and M. A. Zaidi, Advocate-on-Record for Petitioners (in Criminal
FARRUKH SAYYAR and 2 others
VS
CHAIRMAN, NAB, ISLAMBAD and others
Law:
Section:
(a) National Accountability Ordinance (XVIII of 1999)---S.10---Criminal Procedure Code (V of 1898), Ss.367, 537 & 423--¬Constitution of Pakistan (1973), Art.185 (3)---High Court vide impugned had set aside the conviction and sentences of accused recorded by the Accountability Court and remanded the case to the Trial Court, for recording in accordance with the provisions of S.367, Cr.P.C. after hearing the parties---Trial Court had overlooked the mandatory provisions of S.367, Cr.P.C. and rendered the which fell short of the requisite standard---Failure to specify the points for determination as required under S.367, Cr.P.C. was an omission not curable under S.537, Cr.P.C. and absence of decision on the points for determination and reasons in the amounted to an illegality which had prejudiced the case of the accused---Impugned was fully covered by Cl. (d) of S.423, Cr.P.C.---Contention that High Court ought to have written the itself instead of remanding the case which had in fact amounted to retrial of the accused, could not prevail because; firstly the case had been remanded for fresh hearing and and not for retrial of the accused and secondly, the remand order was in line with the law laid down by Supreme Court in Sahab Khan v. The State 1997 SCMR 871---Leave to appeal was refused to accused in circumstances. Sahab Khan,v. The State 1997 SCMR 871 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss.367 & 537---Contents of , non-compliance of-Effect--¬Failure to specify the points for determination as required under S.367, Cr.P.C is an omission which is not curable under S.537, Cr.P.C. and absence of decision on the said points and want of reasons in the amounts to an illegality which prejudices the case of the accused. JUDGMENT SH. RIAZ AHMAD, C.J.---The above mentioned criminal petitions for leave to appeal have arisen from the judgment dated 5-5-2003 of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, whereby on acceptance of Criminal Appeals Nos.43-E and 44-E of 2002 the conviction and sentences of the petitioners recorded by the learned Accountability Court No.II. Rawalpindi/ Islamabad were set aside and the case was remanded…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492