PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MUHAMMAD RAMZAN vs State S — 2024 PCrLJ 596 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PCrLJ 596 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PCRLJ
Parties
MUHAMMAD RAMZAN vs State S
Subject matter
Criminal
Provisions referred to
S. 466---P; S. 466; Penal Code (XLV of 1860)

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

MUHAMMAD RAMZAN VS State S. 466---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Release of lunatic pending trial---Scope---Application filed by the petitioner under S. 466(1), Cr.P.C., for declaring him lunatic and releasing him on bail after his medical examination from mental health institution was dismissed---Scope---Section 464, Cr.P.C, envisaged that, during an inquiry or a trial, if the Court has a reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the fact of unsoundness of mind of accused shall be inquired into---While forming a prima facie tentative opinion, the Court may give due consideration to its own observations in relation to the conduct and demeanor of an accused person---Failure of party to raise such plea during trial did not debar the Court from forming an opinion "on its own" regarding the capability of accused person to face the proceedings of trial---Record showed that the Trial Court ably had asked numerous questions to accused, replied by him rationally and satisfactorily to form prima facie tentative opinion as to whether the accused was incapable of understanding the proceedings of trial or making his defence, therefore the Trial Court being legally not necessarily obliged to hold any inquiry regarding his medical examination about his mental illness, unsoundness of mind and incapacity to stand trial, correctly refused his request and had rightly passed the impugned order, which called for no interference---Petition was dismissed accordingly.

Other judgments reported in 2024 PCRLJ

Back to the case-law library · Search Pakistani case law in Urdu or English