GHULAM MUHAMMAD vs STATE and 4 others
This criminal acquittal appeal challenges the dismissal of a prior appeal for non-prosecution. The appellant filed a criminal acquittal appeal against respondents in a case registered under the Pakistan Penal Code, which was initially admitted for hearing but later dismissed due to the non-appearance of the appellant's counsel. The core legal question is whether an appellate court can dismiss a criminal appeal for non-prosecution after it has been admitted for hearing, without deciding the case on its merits. The court held that once a criminal appeal is admitted for hearing, it requires an intensive perusal and examination of the record to decide points of law and fact. The court established the principle that a criminal appeal cannot be summarily dismissed for default or non-appearance of the appellant or their counsel; rather, the court must decide the appeal on its merits. Consequently, the impugned order of dismissal was set aside, and the appeal was restored to its original position for a decision on the merits.
- Can a criminal appeal be dismissed for non-prosecution after it has been admitted for hearing?
- Is an appellate court required to decide a criminal appeal on its merits even if the appellant or their counsel fails to appear?
- Does the admission of a criminal appeal mandate an examination of the record by the appellate court?
- Section 458, Pakistan Penal Code 1860
- Section 337-A(1), Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
ORDER
1. The appellant has resorted to file Cr. Acquittal Appeal against the Respondents No, 2 to 5 in Crime No, 65/1988 under Section 458/337-A(1)/337-F(iv) PPC registered at Police Station Baldia Town, Karachi which was admitted for hearing on 25th August, 2003, came up for hearing on 27th April 2007 while Cr. Acquittal Appeal was dismissed on the premises that the appellant was not interested to pursue the same.
2. Mr. Mehmood A. Qureshi learned counsel for appellant has contended that it is settled principle of law that after a criminal appeal has been admitted for hearing it calls for a more intensive perusal and examination of record by the Appellate Court for deciding points of law and facts arising therein. Under no circumstances and at no stage the Cr. Appeal can be dismissed in default without reference to the merits of the appeal itself. Advertising to the facts of the present case appeal was admitted, as well as the respondents were directed to appeal before the Court had they had also furnished the surety for appearance in Court. However on account of non- appearance of the counsel appearing not on one date of hearing Cr. Acquittal Appeal was dismissed in default, and non-prosecution. In support of the above contentions reliance is placed on Ghulam Muhammad vs. The State PLD 1960 (W.P.) Lahore 11 and Muhammad Bakhsh vs. The State (1986 SCM R 59).
3. Learned State Counsel has conceded to the legal proposition advanced on behalf of the appellant.
4. I am convinced that after the admission of Cr. Appeal it could not be summarily dismissed without threshing the factual and legal aspects arising therein. None-appearance of the appellant and their counsel could not be a ground for dismissal unless all the questions raised on merits are not decided. In view of the legal position emerged out of the facts and circumstances of the case the impugned order is hereby set aside. Appeal is restored to its original position. Notice be issued to the respondents for appearance in Court on 4.9.2007.