| Case ID |
0bd07b75-42b9-4149-93ff-9504d550ed36 |
| Body |
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| Case Number |
Criminal Appeal No.35 of 2006 |
| Decision Date |
Feb 13, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court of AJ&K upheld that a criminal appeal cannot be dismissed for non-prosecution and must be decided on merits. The court emphasized the importance of notifying the accused in appeals against acquittal, highlighting that if the accused are not served with notice, the appeal cannot proceed. The court also noted that the absence of the accused or their counsel does not permit the appeal to be heard without proper service. Non-bailable warrants were directed to remain intact for execution, and the appeal was ordered to be kept pending until the accused were served or brought before the court. This decision reinforces the rights of the accused to be heard in legal proceedings, ensuring that justice is upheld in the appellate process. |
| Summary |
In the case of Criminal Appeal No.35 of 2006, the Supreme Court of AJ&K addressed critical issues regarding the procedural rights of the accused in criminal appeals, particularly concerning the necessity of serving notice to the accused in appeals against acquittal. The court held that an appeal cannot be dismissed due to the non-appearance of the accused or their counsel and must be decided based on the merits of the case. The ruling stressed the importance of ensuring that all parties are properly notified to uphold the principles of justice and fair trial. The court's decision to keep the appeal pending until the accused could be served with notice showcases its commitment to providing every individual the right to be heard. This verdict is significant in the context of criminal law and appeals, emphasizing that procedural safeguards are essential for the integrity of the judicial process. The ruling aligns with established precedents, reinforcing the notion that absconding or non-appearance should not lead to the dismissal of appeals without due process. The court referenced various legal provisions from the Criminal Procedure Code and the Penal Code, ensuring a comprehensive understanding of the legal framework governing such appeals. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Reaz Akhtar Chaudhry, C.J.,
Muhammad Azam Khan, J.
|
| Lawyers |
Khalid Rashid Choudhry,
Muzaffar Ali Zafar
|
| Petitioners |
MUHAMMAD YOUNIS
|
| Respondents |
,
YASIN AYUB
|
| Citations |
2009 SLD 3534,
2009 PCRLJ 1095
|
| Other Citations |
1997 SCMR 274,
2001 PCr.LJ 706,
PLD 1982 SC (AJ&K) 184,
PLD 1983 SC (AJ&K) 1,
PLJ 1994 C.S. 791,
AIR 1944 Cal. 234,
AIR 1954 Nag. 231,
PLD 1960 (W.P.) Pesh. 126
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
422,
423,
417(2-A),
324,
359,
337-D
|