1992 PLP 473 (MLD)
Haji MUHAMMAD AMIN — Petitioner Versus IJIJAZ-UL-HAQ and others — Respondents
| Citation | 1992 PLP 473 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Haji MUHAMMAD AMIN — Petitioner Versus IJIJAZ-UL-HAQ and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1992 PLP 473 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 473 (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: 1992 PLP 473 (MLD) (Haji MUHAMMAD AMIN — Petitioner Versus IJIJAZ-UL-HAQ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asif Akhtar Malhi for Petitioner.
- Malik Saeed Hassan for Respondents.
Headnotes / Summary
S.497
Disposal of bail application by incharge Sessions Judge-- Sessions Judge after having entrusted the case to another Court of equal jurisdiction cannot deal with the bail matter unless the case is withdrawn by him from the said Court.
S.497(5)
Penal Code (XLV of 1860), S.302/148/149
Not proper and appropriate for the Sessions Judge to deal with the bail matter when the case had been entrusted to Additional Sessions Judge for disposal
Bail had already been refused to accused by the High Court-- Statutory period had also not expired when bail was granted to accused-- Bail allowed to accused by Sessions Judge was cancelled in circumstances.
Judgment & Decree
The respondents were granted bail by the learned Sessions Judge Gujranwala vide order, dated 31-3-1991. This is a petition for cancellation of the same.
2. Ijaz-ul-I-Iaq respondent moved application for bail in the High Court (C ' Misc. 3073-13/1989) and withdrew the same on 25-9-1989. His second attempt (Crl. Misc. 2300-13/1990) failed in the High Court vide order, dated 25-9-1990. Sikander twice moved the High Court (Crl. Misc. 3084-13/1989 & Crl. Misc. 4870-13/1989) and failed vide orders, dated 4-9-1989 and 26-2-1990.
3. Learned counsel for the petitioner has contended that in spite of the order of the High Court the respondents were granted bail by the Sessions Judge, particularly he stresses the point that the case having been entrusted to another Addl. Sessions Judge, the Sessions Judge himself could not have the jurisdiction to dispose of the, application unless he had withdrawn the case to his own file. He also stresses that Sikander and Arshad Mahmood ace hardended criminals and one serious case against the former and 4 serious cases against the latter are pending in the various Courts. Learned counsel for the respondents on the other hand argued that the Sessions Judge had the jurisdiction at all times to dispose of the bail matter.
4. It is an admitted fact from the report submitted by the Sessions Judge when called upon to explain his position when the case had been entrusted to an Addl. Sessions Judge why he himself entertained bail applications and accepted the same. When the case had been entrusted to another Court of equal jurisdiction unless the case had been withdrawn by the learned Sessions Judge he could not have dealt with the bail matter in any case it was improper and inappropriate on his part to deal with the matter when the case had been entrusted to Addl. Sessions Judge for disposal of the matter. The matter in this regard need not be pursued against the Sessions Judge, he having already retired.
5. In view of the inappropriateness of the order passed by the learned Sessions Judge and the order passed by this Court the statutory period not having expired when the bail was granted to the respondents, the bail orders granted to them are hereby recalled. The respondents would be at liberty to move the trial Judge whether Addl. Sessions Judge or Sessions Judge for fresh bail who would be at liberty to consider the merits of the case at his own end. N.H.Q./M-174/1 Bail cancelled.