| Case ID |
3f221cd7-09e0-42c5-aff7-97721eed81ac |
| Body |
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| Case Number |
Crl. Rev. No. 822 of 2011 |
| Decision Date |
Jan 27, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court found that the prosecution failed to produce any evidence against Respondent No. 1, Abu Saeed Ahsan Islahi, over a period of more than 16 years. The court noted that the prosecution did not provide a single witness despite multiple opportunities. The acquittal under Section 249-A of the Criminal Procedure Code was upheld, as there was no probability of conviction due to the lack of evidence. The court emphasized the importance of timely prosecution and the burden of proof resting on the prosecution, which it failed to meet in this case. |
| Summary |
This case revolves around the acquittal of Abu Saeed Ahsan Islahi, who was implicated in a fraud involving dishonored cheques and forged documents. The Lahore High Court reviewed the lengthy proceedings that lasted over 16 years without any evidence from the prosecution. The court emphasized the failure of the prosecution to produce witnesses and establish a case against the respondent. The decision highlights the critical role of timely evidence and the necessity of a fair trial, ensuring justice is served based on facts rather than prolonged allegations. It serves as a reminder of the legal principles governing acquittals under Section 249-A of the Criminal Procedure Code, especially in cases lacking substantial evidence. This landmark ruling underscores the significance of due process in criminal law, particularly in financial fraud cases, and the responsibilities of legal practitioners in ensuring justice. |
| Court |
Lahore High Court
|
| Entities Involved |
National Bank of Pakistan,
Fidelity Investment Bank Limited,
Bank of Punjab
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI,
JUSTICE MALIK SHAHZAD AHMAD KHAN
|
| Lawyers |
Mr. Muhammad Asif Ismail,
Mr. Muhammad Akhtar Javed
|
| Petitioners |
SAMBA BANK LTD., LAHORE THROUGH AUTHORIZED SIGNATORY
|
| Respondents |
another,
ABU SAEED AHSAN ISLAHI
|
| Citations |
2017 SLD 904,
2017 PLJ 157
|
| Other Citations |
2005 SCMR 1544
|
| Laws Involved |
Criminal Procedure Code, 1898
|
| Sections |
249-A,
435,
439
|