Pakistan Case Law
2007 SCMR 1410

GUL MUHAMMAD and another vs MUHAMMAD AFZAL and others

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Citation2007 SCMR 1410
CourtSupreme Court of Pakistan
Case No.Criminal Appeals Nos.449 and 450 of 2000
Date2007-02-16
Judge(s)Sardar Muhammad Raza Khan Falak Sher and Raja Fayyaz Ahmad
ResultAppeals dismissed
Summary

This matter concerns two separate criminal appeals, Criminal Appeal No. 449 of 2000 and Criminal Appeal No. 450 of 2000, adjudicated by the Supreme Court of Pakistan. In the first appeal, the appellant's legal counsel filed an application seeking withdrawal from the case, citing the appellant's lack of interest and the inability of counsel to establish contact with the appellant despite diligent efforts. Consequently, the Court dismissed the appeal due to non-prosecution. Regarding the second appeal, the Court was informed that the appellant, Muhammad Afzal, had already completed the entirety of his sentence. Given that the underlying purpose of the appeal had been rendered moot by the completion of the sentence, the Court dismissed the appeal as infructuous. These orders reflect the Court's procedural handling of criminal appeals where the appellant is either unavailable or the relief sought has been overtaken by events, specifically the completion of the custodial sentence, thereby rendering the appellate proceedings unnecessary and moot.

Questions settled in this judgment
  • Can a criminal appeal be dismissed for non-prosecution when the appellant's counsel is unable to contact the appellant?
  • Should an appeal be dismissed as infructuous if the appellant has already served the entire sentence?
criminal appealnon-prosecutioninfructuous appealwithdrawal of counselmootness

ORDER

1. Criminal Appeal No,449 of 2000 ' Mr. Mahmoodul Islam, the learned Advocate-on-Record and Rana Muhammad Arshad Khan, the learned counsel for the appellant have submitted an application for their withdrawal from the case. The reason given in the application is that the appellant is not interested in the case and the learned counsel could not make contact with him despite their best efforts. In the circumstances, the appeal in hand is dismissed for non-prosecution.

2. Criminal Appeal No,450 of 2000 ' It is informed that the appellant/convict Muhammad Afzal has served out his sentence. In the circumstances, the appeal is hereby dismissed as infructuous.

Cited by 1 case

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