MUHAMMAD SHAFIQUE vs SHER KHAN and another
This criminal petition arises from a judgment of the High Court whereby the conviction of respondent Sher Khan under section 302/34, Pakistan Penal Code 1860 was altered to section 304(I), with a reduction of sentence, and co-accused were acquitted. Leave to appeal was granted by the Supreme Court at the instance of the complainant to re-examine the conviction and sentence of respondent Sher Khan. During the proceedings, reports indicated that the respondent was untraceable and had allegedly proceeded to the tribal area after serving out his sentence, despite official records showing a fixed residential address in Gujranwala. The core question before the Supreme Court related to securing the appearance of the absconding respondent for the hearing of the appeal. The Court held that open non-bailable warrants should be issued against the respondent through the trial Court to ensure his apprehension and production, enabling the immediate fixing and hearing of the appeal upon execution.
- Whether open non-bailable warrants can be issued against an untraceable respondent in a criminal appeal?
- Can the Supreme Court alter a conviction from section 302 to section 304 of the Pakistan Penal Code 1860 upon a complainant's petition?
- What procedure is to be adopted when a respondent in a criminal appeal is reported to be untraceable after serving out a modified sentence?
- Section 302, Pakistan Penal Code 1860
- Section 304, Pakistan Penal Code 1860
ORDER
For offence under section 302/34, P.P.C., the trial Court convicted respondent Sher Khan and sentenced him to death and awarded life imprisonment to Azam Khan and Javaid Khan. On appeal, the High Court altered the conviction from section 302 to section 304 (I), P.P.C. And reduced the sentence of Sher Khan from death to R.I. For seven years and acquitted Azam Khan and Javaid Khan. Leave was granted by this Court at the instance of the complainant to re-examine the case of conviction and sentence of respondent Sher Khan only. Whereas, leave was refused against acquittal of the other two.
2. Bailable warrants were issued by the order of this Court against respondent Sher Khan. But reports have come from the trial Court and the District Magistrate, which are to the effect that he is not traceable, for he has proceeded to the tribal area after serving out the sentence. As against that the record shows that at the time of the incident he was employed as Chaukidar by Mohalla people and his residential address is shown at page No,54 of the paper book of the High Court and page No,41 of the paper book in this appeal, which is to the effect that he is resident of Gali Bishandas Wali, Abadi Hakim Rai, Baghbanpure, District Gujranwala.
3. In the circumstances, we order that open non-bail able warrants be c issued, which should be served through the trial Court and after apprehension of respondent Sher Khan, intimation be given by the trial Court to this Court so I c that the appeal can be fixed for immediate hearing.