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2017 MLD 185

BILAWAL ALI vs The JUDGE ATC-III and 2 others

Citation2017 MLD 185
CourtLahore High Court
Case No.W.P. No,29575 of 2015
Date2015-12-08
Judge(s)Syed Shahbaz Ali Rizvi, Shahid Hameed Dar
ResultOrder accordingly

ORDER

' This petition is directed against order dated 30.09.2015 whereby, learned Judge, Anti-Terrorism Court-III, Lahore dismissed an application of the petitioner for summoning Professor Khalid Rasheed, Professor Muhammad Shakeel, Professor Azman and Professor Saman of the Punjab College of Commerce, Okara as DWs, which he had moved during his trial in case-FIR No,224/2013 under sections 302/34/365-A, P.P.C. Read with Section 7 of the Anti-Terrorism Act, 1997, police station Chung, Lahore.

2. Before could it be opened for arguments by the learned counsel for the petitioner, a real practical approach has been shown by the learned counsel for the complainant (respondent No,2) as he submitted that application of the petitioner, having been rejected by the learned trial court, might be accepted and he might be permitted to examine the quartet of professors, as mentioned therein, as defence witnesses but not before the learned counsel for the petitioner should make an undertaking before this court that the petitioner and his co-accused would necessarily ensure conclusion of their trial in the above said FIR-case within 30 days from the date of examination of the said defence witnesses before the learned trial court.

3. Learned counsel for the petitioner, who clearly looked overawed by the grace, shown by learned counsel for the complainant, has categorically submitted and pledged that trial of the petitioner in the said FIR-case would conclude, necessarily within 30 days from the date of examination of afore named professors of the Punjab College of Commerce, Okara as the defence witnesses. The learned counsel reiterated the stance, so as to lend an impression of certainty and purity of the pledge made, in words that a day would not exceed the time limit of 30 days, as suggested by learned counsel for the complainant, for concluding trial of the petitioner, come what may.

4. Learned Addl. Advocate General, Punjab seems amused with the welcoming gestures of the warring parties for each other and submitted that a direction may be given to the learned trial court to translate their mutual intentions, as shown hereinbefore, into conclusion of the trial of the accused within given time-frame.

5. The submissions made by learned counsel for the parties in unison are immensely praiseworthy.

This constitutional petition is therefore accepted in terms as suggested by the learned counsel for the complainant/respondent No,2 and reciprocated to by the learned counsel for the petitioner, strictly in line with the spirit shown.

6. Let a copy of this petition be transmitted to the learned trial court for necessary information and compliance through some swift means.

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