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    Khawaja Burhan
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    Imran

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    Imran

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    8K views10 pages

    Img 20230316 Wa0003

    Uploaded by

    Khawaja Burhan
    Imran

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 10
    1 Preset: Khawaja Haris Ahmed Advocate, Dr. Babar Awan Advocate j Barrister Gohar Khan, Mr. Faisal Fareed Advocate, Syed Ali Bokhari Advocate, Mr. Intizar Hussain Panjutha Advocate, | Sardar Masreof Khan Abid Advocate, Mirza Asim Baig Advocate Ch, Khalid Yousaf Advocate, Malik Tariq Noon Advocate and Mr. ) Sher Afzal than Marwat Advocate, learned counsels for the accused. This epplicatian on behalf of the accused for acceptance of undertaking and sureties furnished by him and recalling of non-bailable i Warrant of arrest reissued on 13.03.2023 in a complaint titled as “District i Election Commissioner, Islamabad===Versus:=Tmran Ahmed Khan Niozi” under Section 190 of the Election Act, 2017 in respect of offences under sections 167 & 173 of the Elections Act, 2017 is filed. 2, Preliminary arguments heard. 3. Notice be issued to the complainent, District Election Commissioner as well ae counsel for today at 12:00 noon, File be put up again at fixed time. (ZAFAR} TQBAL) Additional Spssions Judge, ‘Tslamabad-West. Khawaja Haris Ahmed Advocate, Dr. Babar Awan Advocate Barrister Gohar Khan, Mr, Faisal Fareed Advocate, Syed Ali Rokhari Advocate, Mr. Intizar Hussain Panjutha Advocate, ‘Sardar Masreof Khon Abid Advocate, Mirza Asim Baig Advocate, Ch. Khalid Yousaf Advocate, Malik Tariq Noon Advocate and Mr. Sher Afzal Khan Marwat Advocate, learned counsels for the accused, Muhammad Younis AST P.5 Secretariat, Islamabad. t } { i } i 4, Service of the complainant has been affected through hhis data ‘Stated that he will reach in the court at 02:30 p.m. In the inter the file be produced at 02:30 p.m, (cara TQBAL) Additional gessions Judge, Tslamabad-West. Rezealled again: 3 02:30 pm, Present: Khawaja Haris Ahmed Advocate, Dr. Babar Awan Advocate Barrister Goher Khan, Mr. Faisal Fareed Advocate, Syed All Bokhari Advocate, Mr, Intizar Hussain Panjutha Advocate, Sardar Masroot Khan Abid Advecate, Mirza Asim Baig Advacate, h, Khalid Yousaf Advocate, Malik Tariq Noon Advocate and Mr. Sher Afzal khan Marwat Advocate. learned counsels for the accused. i ‘Mr. Saad Hasson Advocate, learned counsel for the complainant, Dr. Akber Nasir, 1.6 Islamabad. s The applicant has stated in above mentioned application that on 13,03,2023, this court issued his non-bailable warrant of re for 18.03.2023. Said order of the court was challenged by the applicant through criminal Revision Petition No.36/2023 which came up for hearing before Hon'ble Chief Justice of Hon'ble Islamabad High Court, Islamabad and has been disposed of by the order even date with the direction that since the Eat ‘non-bailable werrant of arrest has been issued by learned trial court for the purposes of procuring the attendance of the applicant; he has undertaken to appear before learned trial court; the competent court is the learned trial court; it is to satisfy itself regarding the undertaking and pass appropriate ‘appropriate applicction ond placing on record the undertaking dated 4 15.03,2023 shown to this court. As and when the application is filed, learned trial court shall proceed after satisfying itself im all respect regarding the i undertaking made and surety (jes) to be accepted, hence, the application. 6. aja Haris Ahmed Advocate, learned counsel for the applicant has j argued that this application has been filed in compliance of order dated 15,03,2023 passed by Hen'ble Islamabad High Court, Islamabad in Cr td No.36/2023 and ron-balable warrant of arrest has been issued by this eure just for appearance of the applicant: The applicant is ready and wiling 0 appear before tis court on the fixed date te. 18.03.2028 and he has given his undertaking in this regard, Learned counsel for the opplicant has terdered the ‘original undertaking of the applicant which # placed in the recor Learned counse! for the epplicant has further contended that the “undertaking of the opplicart may be accepted under Section 76 of CrP.C. | Undertaking of the applicant is post decision development which needs to be taken into account by this court. It is trite law that purpose of issuance of non-bailable warrant of arrest is to ensure attendance of the accused and the undertaking has fulfilled the purpose of the warrant. Arrest and detention of the applicant will serve no useful purpose and he will be humiliated just for nothing. This court may cancel the warrant of arrest , this under Section 75(2) CrP.C, therefore, in the rer of just application may kindly be atcepted by showing magnenimity by the court, Learr counsel for the apalicant, Khawaja Hanis Aled Hevoate tas Peleg Ae i i 2 upon case law cited as 2014 SCMR 1762 titled as "Sarwar and Others=| ‘State and Others" and some Indian case laws. 7. Onthe other hand, learned counsel for the complainant has vehemently argued that previous act and conduct of the applicant disentiles him far discretionary relief, therefore, the application may kindly be rejected 8. Record perused, } 9. Record depicts that District Election Commissioner, oe tiled a 3 complaint under Section 190 of the Election Act, 2017 in respect of offences - committed under Section 167 and 173 of the Election Act, 2017 against the applicant on 08.11.2022, Cursory evidence was recorded under section 202 ErP.C and after Finding sufficient ground to proceed in the matter, the applicant was summoned to face the trial vide order dated 15.12\2022, Process was issued under Section 204 Cr.P.C for 09.01.2023, On said date, —_ the applicant did not appear in the court and no Wakalatnama id eee - on his behalf despite of presence of his counsel, Berrister Gohan Khan but in the interest of Justice, his personal appearance was exempted and the proceedings were adjourned for 31.01.2023, On said date, he did not appear = inthe court ence again. however, Welalatnana on his behalf wap subnitted by Barristel Gohar Khon and his personal appearance was exempted once ro ‘agcin and proceedings were adjourned for 07,022023. On said date, the pelicant didnot ‘ppear in the court, his personal appearence 1 exempted ‘and the proceedings were adjourned far 21.02.2023, On sd date, the pplicant did nat appear in the court, his personal appearance was again sempted and the proceedings were adjourned for 28.02.2023. On said dote, 5 the applicant di F aa . e a in the court, eventually, his non-beilable warrant ie 07.03.2023, On 06,03,2023 ie, one day prior to the fixed|date, an application for’ cancellation of warrant of the applicant was Ta fore this court which was rejected vide order of even date. Feeling ani the applicant assailed the order dated 06.03.2023 in Horible ‘Islamabad High Court, Lslamabaé through Crl, Revision No.22/2023 titled as “Tiyan Khan Niozi-—Versue-Dietrit Election Commissioner, Tslamabad and Another" and the petition was disposed of by Hon ble Islamabad High Court, Tslamabad vide order ‘dated 07-03-2023 in which nan-bailadle warrants of ‘arrest of cccused was suspended and he was directed to appear before this court on 13.03.2023 but the applicant did not honour the order of Honble ‘telarabad High Court, Tslamabad. On 13.03.2023, the applicant did ret appear in the coirt ond his nor-ballable warrant af arrest wos reissued for saodeoes 10, Gist of history of the proceedings has been ‘mentioned in above para ana it is quite obvious from the record that the applicant hos never appeared jn the court onany date of hearing and his personal appearance: wasexempted on fe occasions. The ‘application submitted today has legalas well es factual amet and these aspects are aicusced hereunder 11, The oplicant portieipated in te proceedings of this ease through his wwasexempted and is learned counsel, on 311012023, ‘personal appearance it-surety bond af R5,20,000/- with one surety on was directed to sub sin i ‘trial of this ease Eee oT bailable warrant of arrest of the applicant has been issued under Section 92 r-P.C Said provision of law is reproduced hereunder as ready reference: 2. Arvest by reach of ond or epprance: When

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