1984 P Cr (PLP)

S. 491 (1) (e)-Transfer of convicts from one jail to another--Originally convicts residents of S, tried and convicted by Sessions Judge at S and their appeal as well, as connected murder reference pending in High Court at L and as such relatives of such convicts facing a great deal of inconvenience in visiting them in Central Jail at F-Jail Authorities directed to transfer convicts to District Jail at S pending disposal of their appeal. Mst. Said Bibi v. The State 1971 P Cr. L J 39 and Mst. Sabran Bibi v. The St -fte Cr. Misc. No. 354/M of 1981. M. A. Zafar for Petitioner. S. M. Zubair, Asstt. A. G. Punjab for the State. This is an application under section 491 (la (e), Cr. P. C. for transfer of the convicts namely, Ziafat Panah. and Mumtaz Ali Bhatti, from the Central Jail, Faisalabad to the District Jail, Sargodha, during the pendency of their appeal in the, High Court at Lahore. The application has been moved by Mst. Sardar Bibi petitioner, mother of Mumtaz Ali Bhatti convict and aunt of Ziafat Pariah convict. It is stated that the aforesaid convicts were tried at Sargodha by the Sessions Judge for offences under section 302/1091129-B/34, P. P. C. Ziafat Pariah convict was sentenced to death whereas Mumtaz Ali Bhatti convict was sentenced to life imprison ment. It is submitted that originally the convicts are residents of Sargodha and their appeal as well as the connected Murder References are at present pending in the High Court at Lahore. It is argued that since the appeal is in continuation of the trial the petitioner in the instant case is a close relative of the two convicts and it would cause a great deal of inconvenience to her if she were to go to visit the convicts at the Central Jail, Faisalabad. It is, therefore, prayed that the convicts be transferred from the Central Jail, Faisalabad to the District Jail, Sargodha, until the disposal of their appeal in the High Court at Lahore. Learned counsel in support of his argu ment has placed reliance on Mst. Said Bidi v. The State (1971 P Cr. L J 39) and Cr. Misc. No. 354/M-81 titled Mst. Sabran Bibi v. The State, decided by me on 5-5-1981. Learned Assistant Advocate-General concedes that this Court has the powers to transfer convicts from one jail to another during pendency of appeal of the said convicts. Since this is the position I hereby direct the jail authorities to transfer Ziafat Pariah and Mumtaz Ali Bhatti convicts from the Central Jail, Faisalabad to the District Jail, Sargodha and they should remain confined to the same until the disposal of their appeal in the High Court at Lahore. 2. With these observations this petition is disposed of. S. G. D. Petition disposed of.