| Case ID |
09e81fac-4491-4bab-80cf-ec8f4babafde |
| Body |
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| Case Number |
Criminal Acquittal Appeal No.236 of 2003 |
| Decision Date |
Aug 09, 2007 |
| Hearing Date |
Apr 27, 2007 |
| Decision |
The court determined that the appeal against acquittal could not be dismissed simply due to the non-appearance of the appellant or their counsel. The legal principle established is that once a criminal appeal is admitted, it requires a thorough examination of the factual and legal aspects. The dismissal of the appeal in default was overturned, and the appeal was restored to its original position. The court emphasized that all questions raised on merits must be considered before any dismissal. As a result, the impugned order was set aside, and the respondents were ordered to appear in court on a specified date. |
| Summary |
This case revolves around the principles of law regarding the dismissal of criminal appeals. The Sindh High Court, in its decision on August 9, 2007, reinstated an appeal that had been dismissed due to the non-appearance of the appellant and their counsel. The court highlighted the importance of a detailed examination of the merits of the case, emphasizing that appeals should not be dismissed without addressing the substantive issues at hand. This case is significant in the context of criminal procedure law, particularly concerning the rights of appellants in the face of procedural defaults. It reinforces the stance that the judicial process must ensure that all legal questions are resolved before any final decisions are made. The keywords related to this case include 'criminal appeal', 'acquittal', 'Sindh High Court', 'judicial process', and 'legal principles'. These terms are trending in discussions surrounding criminal law and appellate procedures, making this case relevant for legal practitioners and scholars alike. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mrs. Qaiser Iqbal
|
| Lawyers |
Mehmood A. Qureshi,
Fazlur Rehman Awan
|
| Petitioners |
GHULAM MUHAMMAD
|
| Respondents |
THE STATE,
4 others
|
| Citations |
2008 SLD 6808,
2008 PCRLJ 439
|
| Other Citations |
Ghulam Muhammad v. The State PLD 1960 (W.P.) Lah. 11,
Muhammad Bakhsh v. The State 1986 SCMR 59
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
417,
337-A(1),
337-F(iv),
458
|