1997SCMR1336 (PLP)
MUHAMMAD TAJ‑‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑‑Respondents
| Citation | 1997SCMR1336 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmad Junejo, JJ |
| Parties | MUHAMMAD TAJ‑‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1997SCMR1336 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997SCMR1336 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmad Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997SCMR1336 (PLP) (MUHAMMAD TAJ‑‑‑Petitioner Versus MUHAMMAD AKHTAR and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Nawaz Abbasi, Advocate Supreme Court with Raja Abdul Ghafoor, Advocate‑on‑Record for Petitioner.
- Sardar M. Ishaque, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate‑on‑Record for Respondent No. 1.
- Date of hearing: 5th December, 1994.
- Sh. Muhammad Naeem, Advocate Supreme Court for the State.
- "Issue notice to respondent No.1 and the Advocate‑General, Punjab Lahore for a date in office to show cause as to why the petition may not be converted into an appeal and allowed."
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, Rawalpindi Bench, dated 25‑7‑1994 passed in Cr.Misc. No. 340‑9/94 in Appeal No.65/94). Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 497‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Interim bail confirmed by another Judge‑‑‑Interim bail granted to accused by a Judge of Lahore High Court, Rawalpindi Bench, was confirmed by another Judge of that Court, although the former Judge on that date was working at the principal seat of the Court at Lahore‑‑‑Since the Judge who had admitted the accused to interim bail was available as a Judge of that Court, bail application should have been fixed before him for disposal in view of the decision of Supreme Court in the case of State v. Zabair (PLD 1986 SC 173)‑‑‑Petition for leave to appeal was converted into appeal in circumstances, order confirming the interim bail was set aside and the bail application was directed to be placed before the Judge who had allowed interim bail to the accused for disposal according to law. State v. Zubair PLD 1986 SC 173 ref. Sh. Muhammad Naeem, Advocate Supreme Court for the State.
Judgment & Decree
SAIDUZZAMAN SIDUIQUI, J.‑‑The petitioner has sought leave to appeal against the order of a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench, dated 25‑7‑1994 whereby the learned Judge while adjourning the hearing of Criminal Miscellaneous No.340/B of 1994 to 26‑9‑1994 admitted the respondent to interim bail on medical ground. While the above petition was pending before this Court, the interim bail granted in the case was confirmed by another learned Judge in Chambers of that Court by order dated 18‑10‑1994. The petitioner consequently filed a Criminal Miscellaneous Petition in the above petition seeking permission to place on record the subsequent bail confirmation order dated 18‑10‑1994 and to seek leave to appeal against this order as well. When the above petition came up for hearing in Court on 22‑11‑1994 the following order was passed:‑ "Issue notice to respondent No.1 and the Advocate‑General, Punjab Lahore for a date in office to show cause as to why the petition may not be converted into an appeal and allowed." In response to the above notice, the respondent as well as State Counsel have appeared and after hearing them the petition is converted into appeal and it is disposed of as follows. The interim bail in the case was granted by Ijaz Nisar, J. by order dated 25‑7‑1994 while adjourning the hearing of Criminal Miscellaneous No.304/B of 1994 to 26‑9‑1994. However, thereafter Criminal Miscellaneous No.340/B/1994 was fixed before another learned Judge of that Court (Raja Abdul Aziz Bhatti, J.) who disposed of the same by order dated 18‑10‑1994. It is stated before us that on 18‑10‑1994 when Criminal Miscellaneous 340/13 of 1994 was fixed in Court, Ijaz Nisar, J. was working at the principal seat of the Court at Lahore, therefore, the Cr.Misc. was fixed before another Judge (Raja Abdul Aziz Bhatti, J.) at Rawalpindi Bench. Since, Ijaz Nisar, J. was available as a Judge of that Court on 18‑10‑1994, the application should have been fixed before him for disposal as he had admitted the respondent No.1 to the interim bail in the case, in view of the decision of this Court in the case of State v. Zubair (PLD 1986 SC 173). We, accordingly, allow the appeal and set aside the subsequent order confirming the interim bail passed on 18‑10‑1994 by Raja Abdul Aziz Bhatti, J. The case is remanded to the Lahore High Court with the direction that Criminal Miscellaneous No.340/B of 1994 will be placed before Ijaz Nisar, J. for disposal according to law. N.H.Q./M.3035/S Case remanded.