| Case ID |
f54a206e-02fd-4674-8115-f7fbcdfc7d0f |
| Body |
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| Case Number |
Criminal Appeal No. K-15 of 1971 |
| Decision Date |
Feb 06, 1973 |
| Hearing Date |
|
| Decision |
The Supreme Court quashed the proceedings against the appellant, Muhammad Abbas, due to the misjoinder of charges. It was determined that the two transactions involving bribery were independent and unrelated, leading to a prejudicial effect on the appellant's case. The court ruled that the trial had violated the provisions of the Criminal Procedure Code and the Evidence Act, which necessitated separate trials for the distinct charges. The court allowed the complainant to pursue separate actions against the appellant or take disciplinary actions as deemed appropriate. |
| Summary |
This case revolves around the misjoinder of charges against Muhammad Abbas, who was accused of bribery under the Prevention of Corruption Act. The Supreme Court of Pakistan found that there were two distinct transactions involving separate bribes that had been improperly joined in a single trial. The court emphasized that such a misjoinder led to significant prejudice against the appellant, ultimately quashing his conviction. The decision highlighted the importance of fair trial rights and the necessity for proper legal procedures to be followed. The implications of this ruling stress the judicial system's commitment to ensuring that individuals are not wrongfully convicted due to procedural errors. Legal professionals and advocates should note this case as a critical reference for issues regarding the joinder of charges in criminal proceedings, ensuring that each transaction is treated with the legal scrutiny it deserves. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sajjid Ahmad,
Waheeduddin Ahmad
|
| Lawyers |
Z. U. Ahmad,
A. Aziz Dastgir,
Rustom J. E. Kaikobad,
M. I. Memon
|
| Petitioners |
Muhammad Abbas
|
| Respondents |
The State
|
| Citations |
1973 SLD 181,
1973 SCMR 542
|
| Other Citations |
Not available
|
| Laws Involved |
Prevention of Corruption Act (II of 1947),
Criminal Procedure Code (V of 1898),
Evidence Act (I of 1872)
|
| Sections |
5(2),
239,
537,
6
|