ABBAS vs SESSIONS JUDGE, FAISALABAD and 2 others
This petition for leave to appeal arises out of a criminal matter where the petitioner, facing trial for murder along with other co-accused who had absconded and were declared proclaimed offenders, sought a direction to stay his trial until the arrest of the absconding co-accused and prayed for a judicial enquiry on the ground of innocence. The core legal questions pertained to whether a trial Court is mandated or empowered to stay the trial of an arrested accused pending the apprehension of absconding co-accused, and whether a judicial enquiry can be ordered under the criminal procedure framework. The Supreme Court held that there is no provision of law under which a trial can be stayed merely because co-accused have absconded, noting that evidence against absconders can be recorded under Section 512 of the Code of Criminal Procedure 1898 and that an arrested accused cannot indefinitely await the appearance of co-accused. Furthermore, the Court held that no provision in the Criminal Procedure Code permits ordering a judicial enquiry of the nature sought. The petition was accordingly dismissed.
- Whether a trial Court can stay the trial of an arrested accused until the arrest of absconding co-accused?
- Can a judicial enquiry be ordered under the Criminal Procedure Code to determine the innocence of an accused?
- How is evidence recorded against absconding co-accused during a criminal trial?
- Section 512, Code of Criminal Procedure 1898
' RASHID AZIZ KHAN, J.---Facts giving rise to this petition for leave to appeal are that petitioner Abbas alongwith 3 others, was reported against with Police Station Tarkhani, District Faisalabad for the murders of Ghulam Sarwar, Umar Hayat, Muhammad Aslam and Karam Ali on 13-6-1998.
Petitioner was arrested whereas remaining co-accused absconded and they have since been declared proclaimed offenders. In the present petition, the petitioner wants a direction to the trial Court to stay trial of the petitioner till the arrest of co-accused persons. It has also been prayed that judicial enquiry be ordered as the petitioner is innocent.
2. Learned counsel for the petitioner as well as State have been heard at length. We have considered the request of the petitioner for stay of the trial but we find there is no provision of law under which trial can be stayed. Evidence against the co-accused will be recorded under section 512, Cr.P.C. Even otherwise, if co-accused does not appear for 10 years it does not mean that accused cannot be tried for such a long period. As far the question of holding judicial enquiry is concerned, there is no provision in Criminal Procedure Code under which such an enquiry can be ordered. There is no merit in this petition which is dismissed and leave to appeal is refused accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.