Malik SHAMA-UD-DIN vs MUHAMMAD FAYYAZ and 2 others
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by Malik Shama-ud-din against Muhammad Fayyaz and others. The core legal question concerns the permissibility of withdrawing a petition for leave to appeal where a co-convict has absconded following the dismissal of his appeal by the High Court. The Court held that the petitioner may withdraw the petition under the circumstances. The key principle laid down is that a petitioner may be granted permission to withdraw a petition with the liberty to file a fresh one upon the surrender of an absconding co-convict or when the convict challenges his conviction and sentence.
- Can a petitioner withdraw a criminal petition for leave to appeal with permission to file a fresh one when a co-convict has absconded?
- What is the procedural effect when an appellant absconds after the dismissal of his appeal by the High Court?
ORDER
1. Mian Aftab Farrukh, learned Advocate Supreme Court states that Alamgir convict has not assailed his conviction and sentence before this Court as he on dismissal of his appeal by the High Court, has absconded.
2. ' In view thereof, he may be allowed to withdraw this petition for the time being with the permission to file fresh one as and when the convict surrenders/or he files the petition challenging his conviction and sentence.
3. 'This petition is accordingly dismissed as withdrawn with the permission to the petitioner to file fresh one as stated by his counsel.