1994 PLP 1773 (MLD)
Rana WILLAYAT ALI — Petitioner Versus THE STATE — Respondent
| Citation | 1994 PLP 1773 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Rana WILLAYAT ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Lahore High Court (Establishment of Benches) Rules, 1981 |
Q1: What are the key laws and sections cited in 1994 PLP 1773 (MLD)?
This judgment primarily cites: Lahore High Court (Establishment of Benches) Rules, 1981 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 1773 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 1773 (MLD) (Rana WILLAYAT ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
R. 3/5
Penal Code (XLV of 1860), S. 420/409/468/471/109
Prevention of Corruption Act (II of 1947), S. 5 (2)
Case being of Multan Bench, earlier bail application of accused had been disposed of by the Judge of High Court while sitting at Multan as vacation Judge
Fresh bail petition subsequently made by the accused at Multan, could only be heard by the said Judge who at that time was sitting at Bahawalpur Bench as the nominated Judge
Bail application of accused was transferred to Bahawalpur Bench from Multan Bench in circumstances.
Judgment & Decree
The learned counsel for the petitioner has today cleared the position regarding the filing of Criminal Miscellaneous No., 1149-B of 1993. It is submitted by him that initially the petitioner filed Criminal Miscellaneous No.1149-B of 1993 at Multan which was heard by my brother Ausaf All Khan, J' While sitting at Multan as vacation Judge. He disposed of the petition by his order dated 21-8-1993. Thereafter, the petitioner moved a petition before trial Court but on rejection thereof under a misunderstanding filed Criminal Miscellaneous No. 632-B of 1993 directly at Bahawalpur where my broths Ausaf Ali Khan, J. is sitting as the nominated Judge. This petition was disposed of by my brother Ausaf All Khan, J. on 11-10-1993 observing that the petition cannot be directly entertained at Bahawalpur and will have to be routed through the Chief Justice. It is further submitted that the petitioner made Criminal Miscellaneous No.1480-M of 1993 at the Principal Seat alongwith which he annexed a bail petition. The said Criminal Miscellaneous No.1480-M of 1993 was disposed of by me on 26-10-1993 as the petition had to be first filed before the appropriate Bench before it could be directed to be heard at some other Bench or the Principal Seat. That application was accordingly withdrawn and consequently the petitioner made a fresh petition for bail (Criminal Miscellaneous No. 1585-B of 1993) at Multan. In view of the dictum d Supreme Court of Pakistan in Zubair's case, the learned counsel states that since this bail petition can only be heard by my brother Ausaf Ali Khan, J., the same may be transferred from Multan to Bahawalpur Bench as my brother is holding Court there.
2. The petition, in the circumstances narrated above, is allowed and it is directed that record of Criminal Miscellaneous No. 1585-B of 1993 (Multan) be transmitted to Bahawalpur Bench so as to be listed there before my brother Ausaf Ali Khan, J. on 8th December 1993. The record of Criminal Miscellaneous No. 1149-B of 1993 (Multan) shall also be sent alongwith so as to be available at the time of hearing of the present bail petition at Bahawalpur. Copy of the order be given 'dasti' on payment of usual charges. N.H.Q/W-49/L Bail petition transferred