Mst. SHIREEN TAJA vs THE STATE and 2 others
This criminal revision petition was filed against the order of the Sessions Judge/Special Judge, Mardan, releasing the accused undertrial persons on bail under section 249 of the Code of Criminal Procedure 1898 without pronouncing judgment, due to the failure of the prosecution to produce eye-witnesses who had become absconders. The core legal question was whether the prosecution could revive the trial upon becoming capable of producing the witnesses. The Peshawar High Court held that since the accused were only released on bail under section 249, Cr.P.C. and not acquitted under section 249-A, Cr.P.C., the prosecution or complainant party could approach the trial court for the revival of the trial to commence from the stage it was discontinued. The petition was accordingly dismissed with these observations.
- Can a trial be revived against accused persons released under section 249 of the Code of Criminal Procedure 1898?
- Does release under section 249 of the Code of Criminal Procedure 1898 amount to acquittal under section 249-A?
- What remedy is available to the prosecution when witnesses become absconders during trial?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 249, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
' This is a revision petition filed against the order, dated 20-7-1999 of the learned Sessions Judge/Special Judge, Mardan, whereby the accused undertrial, namely, Khawaja Muhammad, Inamullah and Akbarullah on charges under sections 302/324/109/148/ 149, P.P.C., with reference to F.I.R. No,816, dated 21-7-1997 of Police Station "A" Division, Mardan, were released under section 249, Cr.P.C. (without pronouncing judgment) on bail with the undertaking that they will attend the Court and face the trial as and when required.;
2. This revision is based on the ground that during trial the prosecution had failed to produce the eye-witnesses because to the hard luck of the prosecution, the witnesses had become absconders. That now the prosecution and the complainant party is in a position to produce the witnesses.
3. If the above is the latest position, the prosecution should not feel handicapped because the accused undertrial had only been released under section 249, Cr.P.C. On bail and never acquitted under section 249-A, Cr.P.C. If the circumstances are favourable enough, the prosecution or the complainant party can always resort to the trial Court for the revival of the trial which can commence from the stage it was discontinued. With remarks that the prosecution should resort to the trial Court, the instant revision is hereby dismissed. 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.
Cited by 2 cases
- Zahid Maqsood Butt vs The State, etc 2024 LHC 3316, 2025 PCRLJ 460
- Zahid Maqsood Butt Versus State 2025 PCrLJ 460