| Case ID |
21216094-6c14-451f-a7a8-aca4ab53dee4 |
| Body |
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| Case Number |
Criminal Revision No.93 of 1999 |
| Decision Date |
Oct 24, 2000 |
| Hearing Date |
Oct 24, 2000 |
| Decision |
The revision petition was dismissed with remarks that the prosecution should not feel handicapped as the accused had only been released on bail under section 249 of the Criminal Procedure Code (Cr.P.C.) and were never acquitted under section 249-A of the Cr.P.C. The trial could commence from the stage it was discontinued, and the prosecution and complainant party were now in a position to produce the witnesses in court. The decision emphasizes the importance of proceeding with the trial when circumstances allow, as the accused had only been released on bail and not acquitted. |
| Summary |
This case revolves around a criminal revision petition filed against the order of the Sessions Judge/Special Judge, Mardan, concerning the release of the accused on bail under section 249 of the Criminal Procedure Code. The petitioners, Khawaja Muhammad, Inamullah, and Akbarullah, were involved in serious charges under the Penal Code, including murder and attempted murder. The prosecution initially faced challenges in presenting eyewitnesses due to their absconding status. However, the court noted that the prosecution could now present these witnesses, allowing the trial to resume from where it left off. This case highlights the procedural intricacies of criminal law, the role of bail in the justice system, and the rights of the accused during trial proceedings, making it a significant reference in the context of legal practice in Pakistan. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD RAZA, CJ,
Mst. SHIREEN TAJA
|
| Lawyers |
Abdul Latif Afridi,
Muhammad Jamil Qamar
|
| Petitioners |
Khawaja Muhammad,
Inamullah,
Akbarullah
|
| Respondents |
THE STATE,
2 others
|
| Citations |
2002 SLD 871,
2002 PCRLJ 159
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
324,
109,
148,
149,
249,
439
|