GHULAM MUHAMMAD vs THE STATE and 4 others
This matter concerns an appeal against an order dismissing a criminal acquittal appeal for non-prosecution. The core legal question was whether a criminal appeal, once admitted for hearing, can be dismissed in default due to the non-appearance of the appellant or their counsel without deciding the case on its merits. The Sindh High Court held that once a criminal appeal is admitted for hearing, it requires an intensive perusal and examination of the record by the appellate court to resolve points of law and fact. The Court ruled that under no circumstances can a criminal appeal be dismissed in default for non-prosecution without reference to the merits of the case. The key principle laid down is that the appellate court is duty-bound to decide the appeal on its merits after admission, and the non-appearance of the appellant or counsel does not constitute a valid ground for summary dismissal. Consequently, the impugned order of dismissal was set aside, and the appeal was restored to its original position.
- Can a criminal appeal be dismissed in default for non-prosecution after it has been admitted for hearing?
- Is an appellate court required to decide a criminal appeal on its merits once it has been admitted for hearing?
- Section 458, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(iv), Pakistan Penal Code 1860
ORDER
1. ' MRS. QAISER IQBAL, J.--- The appellant has resorted to file acquittal appeal against the respondents Nos.2 to 5 in Crime No,65 of 1988 under sections 458/337-A(i)/337-F(iv), P.P.C.
2. 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 criminal acquittal appeal was dismissed on the premises that the appellant was not interested to pursue the same.
3. ' 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 fact arising therein. Under no circumstances and at no stage the criminal appeal can be dismissed in default without reference to the merits of the appeal itself. Adverting to the facts of the present case appeal was admitted, as well as the respondents were directed to appear before the Court and they had also furnished the surety for appearance in Court. However, on account of non- appearance of the counsel appearing in Court on one date of hearing criminal acquittal appeal was dismissed in default, for non-prosecution. In support of the above contentions reliance is placed on Ghulam Muhammad v. The State PLD 1960 (W.P.) Lah. 11 and Muhammad Bakhsh v. The State 1986 SCMR 51.
4. ' Learned State counsel has conceded to the legal proposition advanced on behalf of the appellant.
5. I am convinced that after the admission of criminal appeal it could not be summarily dismissed without thrashing the factual and legal aspects arising therein. Non-appearance of the appellant and their counsel could not be a ground for dismissal .Unless all the questions raised on merits are 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.
Cited by 1 case
- ZAFAR AHMED vs SHAMSUDDIN and another 2011 MLD 961