P (PLP)

SAKER J. C.‑‑This is an application for transfer under section 526 of the Criminal Procedure Code by the accused against whom proceedings under section 110, Criminal Procedure Code are pending in the Court of the Assistant Political Agent and Magistrate, 1st Class, Quetta. The grounds for the transfer, are based on the fact that the, accused‑petitioner, though entitled to bail as a matter of right during the pendency of the proceedings was refused bail and sent to jail. Secondly, despite a direction , by the learned Sessions Judge in Baluchistan ordering the release of the, petitioner on bash, the learned Magistrate imposed certain conditions regarding this bail, as well as ordering that the petitioner should execute a bond with three sureties over and above the bail proposed by the learned Sessions Judge. Further, that proceedings under section 117, Criminal Procedure Code had been taken against the petitioner without any reason being recorded by the 'learned Magistrate. In brief, the plea of the accused‑petitioner is that the conditions imposed by the learned Magistrate were so hard that they were not capable of fulfillment and that in view of these conditions, the accused‑petitioner felt that he was unlikely to receive a fair and impartial trial. Much argument has been led on the correctness or otherwise of the learned Magistrate's actions in regard to, order against the accused. petitioner under the provisions of section 11.7 (3) of the Criminal Procedure Code, but I do not feel disposed to examine these arguments in any detail for the simple reason 'that the petition before me is one of transfer only. I have heard these arguments at length and while I do not propose to give any direction as to the legal actions of the Magistrate in what he has done, I am satisfied that there are‑ so reasonable grounds for the accused‑petitioner to think he will not receive a fair and impartial ,trial in the present Court in which the proceed ings against him have been instituted. Learned counsel for the petitioner relies on A I R 1933, Rang. p. 165 which related solely to the question of bail being granted to an accuses person when proceedings have been lodged against him under section 117 of Criminal Procedure Code. This may be so, but the fact that the learned Magistrate has imposed certain conditions regarding bail (he has not, as far as I am aware, refused bail nor was this point. argued before me) is a matter for discretion by the trial Magistrate. His actions in this respect, therefore, do not lead me to believe that he is either prejudiced against the accused or is likely to act in a manner which will riot permit of the accused petitioner receiving a fair and impartial. There are therefore no grounds for me to interfere in this, case and the petition for transfer is accordingly rejected. A.H. Petition rejected.