Malik Muhammad Umar Khan vs Mst — 2025 PCrLJ 661 ISLAMABAD

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Malik Muhammad Umar Khan VS Mst. Saadia Bibi Ss.369 & 561-a---Pronouncement of judgment (of conviction)---Subsequent remedy, availing of---application for correction or rectification or revision---Maintainability---application moved by convicted person ('applicant') before High Court seeking correction/amendment of an error in the judgment---applicant, after passing of the judgment of conviction by the High Court, had neither surrendered nor lodged himself the jail authorities in order to serve his sentence---Held, that unless the convicted person surrenders before the court and lodges in jail at the time of announcement of judgment of conviction, his application or appeal or revision is not entertainable by any of the courts, including the Supreme Court of Pakistan---a fugitive from law loses right of audience if he defies the orders of the Court for his surrender and or otherwise abuses its process---It is an essential condition of the administration of justice in a case affecting individual or individuals that the persons concerned should submit to due process of justice, which was not done in the present case---In the present case, applicanthas been convicted by the High /appellate Court whereafter he has not surrendered before the court nor lodged to jail---Power under S.369, Cr.P.C., is only meant to correct the clerical/typographical mistake/error occurring inadvertently in the impugned judgment or order apparent on the face of the record and without such exception, no judgment or order of a Court could be reviewed/modified---Thus, any application for rectification/ correction of order / judgment, whether under S. 369 or S.561-a, Cr.P.C. is not entertainable by the office or any Court, unless the absconder has been taken into custody and is lodged in jail first---application was dismissed, in circumstances.

Malik Muhammad Umar Khan vs Mst — 2025 PCrLJ 661 ISLAMABAD

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