MEERAN BAKHSH alias MATRU vs State Ss — 2022 PCrLJ 360 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PCrLJ 360 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PCRLJ
Parties: MEERAN BAKHSH alias MATRU vs State Ss
Subject matter: Criminal
Provisions referred to: S. 21-L; S. 10

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MEERAN BAKHSH alias MATRU VS State Ss. 302(c) & 34---anti-Terrorism act (XXVII of 1997), Ss. 7(a) & 21-L---Qatl-i-amd, common intention, acts of terrorism---appreciation of evidence---Punishment for an absconder---accused was charged for committing murder of the deceased---accused were declared proclaimed offenders and were convicted---Scope---Record transpired that no charge was framed against the accused under S. 21-L of anti-Terrorism act, 1997---Record also reflected that no evidence was recorded to prove the ingredients of S. 21-L of the act---Trial Court also failed to formulate point for determination regarding the offence under S. 21-L of the act, in the impugned order---No evidence to show that absconsion of the accused was intentional and no finding had been recorded by the Trial Court to the effect that accused was fugitive of the law---Procedure adopted by the trial judge in convicting and sentencing the accused under S. 21-L of the act, appeared to be absolutely illegal---accused, indeed had been convicted and sentenced for an offence punishable under S. 21-L of the act, in a cursory manner by the trial judge on adopting the procedure, which was violative of arts. 9 & 10(1) of the Constitution, and S. 10(11-a) of the act, which could not be consented---appeal against conviction was allowed and the case was remanded to the Trial Court to frame charge under S. 21-L of the act, against the accused as well as for the alleged offence and to further proceed in accordance with the law. Head NotesCase Description

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