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FARRUKH SAYYAR versus CHAIRMAN, NAB, ISLAMBAD

Under the unanimous decision of Article 10 Criminal Code (v. 1898), Sections 367, 537 and 423 of Pakistan (1973), Article 185 (3), the High Court set aside the conviction and sentence of the accused by the Accountability Court. And get the remand of this case. After the trial court heard the parties for recording the decision in accordance with the provisions of section 676767, CRPC, the trial court ignored the mandatory provisions of section 67, Cr, CRPC and submitted that decision. Under which the required criteria for defining points were failed. The determination required under section 676767, CRPC was untreatable under section 373737, CRPC and the absence of a decision on points for determination and reasons in the decision is unlawful which has led to the defendant's case being a prejudicial decision. Under which the full decision was made. Section 423 KCL (D), the PC says that the High Court should have written the judgment instead of seeking remand for the case. The fact that the accused could be tried, could not prevail. First, the case was remanded for fresh hearing and judgment and not for the re-trial of the accused and secondly, the remand order was denied in the SCMR 871 v. State of 1997 SCMR 871. Accused under the circumstances property advocates from Daur lawyer