1989 P Cr (PLP)

Zawar Hussain Jafferi. A.A.‑G. for the State. Respondent present in person. This is a suo moto revision for cancellation of bail granted by learned Second Additional Sessions Judge, Kandhkot as incharge First Additional Sessions Judge Kandhkot by his order, dated 8‑7‑1987. A show‑cause notice was issued to the respondent‑accused. In response to the notice he made appearance on 18‑9‑1958 and requested for time to engage a counsel. The case was adjourned to 27‑9‑1988 but the board was discharged as that day was declared holiday by the Government of Sind. Today when it came up for hearing the respondent accused submitted an application signed by him that his Advocate Mr. Abdul Hakim Bijarani is not feeling well and so the case may be adjourned to another date. There is no Vakalatnama on record filed by the said counsel nor there is an application signed by him seeking adjournment on the ground of his alleged sickness. I, therefore, reject his application for adjournment. The facts leading to the above suo moto revision are that the respondent Amanullah was facing trial under sections 302 and 34, P.P.C. before the learned First Additional Sessions Judge, Kandhkot. He filed an application on 2nd July, 1987 before the said learned Judge who ordered issue of notice to A.P.P. for 5‑7‑1987 The learned First Additional Sessions Judge being on short leave the matter was laid before the Second Additional Sessions Judge who was a link Judge for the time being for the Court of First Additional Sessions Judge. The case was, however, adjourned by him to 6‑7‑1987 for want of medical certificate The learned Judge also ordered for calling for the medical certificate. On 6‑7 1987 since medical certificate had not been received from medical officer, the matter was adjourned to 7‑7‑1987 and the medical certificate was again ordered to be called for. On 7‑7‑1987 the matter was adjourned to 8‑7‑1987 as medical certificate was not received by the Court. The learned Judge however, ordered `to issue letter against medical officer for medical certificate. On 8‑7‑1987 a photostat copy of medical certificate was received from medical officer, Kandhkot, arguments were heard and the bail was granted by the learned Judge to the respondent in the sum of Rs.50,000 with one surety and P.R. in the like amount. It appears that the learned Second Additional Sessions Judge as Incharge of First Additional Sessions Judge in granting the bail to the respondent has not acted in accordance with law. He was a link Judge to dispose of urgent matters. The link Judge himself was not trying the case. No bail application was even presented to him nor any urgency was shown. He adjourned the case from day‑to day on four dates consecutively which depicts the state of mind of the learned Judge to hasten with the disposal of the application before the First Additional Sessions Judge resumes his duty on expiry of his leave, even without waiting for, the original medical certificate/post‑mortem report. Learned A.A.‑G. relies on Muhammad Nabi v. Muhammad Muneer Ahmed 1986 S C M R 1321 of which a reference has also been made in the order, dated 26‑5‑1988 in suo moto reference. The relevant portion of the above authority reads as under:‑ "We are satisfied that the High Court was fully justified in setting aside the order of bail granted by a Sessions Judge, who was not trying the case but merely attending to urgent matters during the vacations. However, we also feel that the learned trial Judge should make every effort to dispose of the Sessions Trial which is at the defence stage very expeditiously. He should do the needful before this year is out, namely, before 31‑12‑1985." The order granting bail seems to the contrary to the rule laid down by, the Hon'ble Supreme Court in the case referred to above. The bail granted to the respondent is, therefore, cancelled. The respondent is present. He be taken into custody forthwith as he was in custody when he was released on bail. The bail bonds furnished in the lower Court stand discharged. This is without prejudice to the merits of the case. M.A.K./S‑267/K Order accordingly.