2000 P Cr (PLP)

Sajjad petitioner is the accused of Crime Case No.271 registered on 3‑9‑1996 at Police Station Saddar Farooqabad, District Sheikhupura under section 380/400/395, Pakistan Penal Code. Apprehending his arrest he filed his petition before the Court of Session at Sheikhupura. The matter was on the file of 'Rana Zahoor‑ul‑Haq, Additional Sessions Judge. The petitioner was granted the interim relief. On 5‑4‑1999 the petitioner did not appear before the Court of Rana Zahoor‑ul‑Haq, Additional Sessions Judge, Sheikhupura who dismissed his application by expressing that the petitioner is involved in a heinous offence falling in the prohibitory clause. The petitioner has not been arrested who has entered the portal of this Court to obtain the same relief of pre‑arrest bail.

2. I have gone through the order, dated 5‑4‑1999 passed by Rana Zahoor ul‑haq, Additional Sessions Judge, Sheikhpura and I do not approve his working. The petitioner and his learned counsel were not present before him and without hearing them the observations on merits against the petitioner‑accused could not be made. At best he could dismiss the application in default. The law has to take its course and the whims of the Court have not to play the legal role. I must express that it is the common saying that justice delayed is justice denied. However, it is equally correct that justice rushed is justice crushed and justice hurried is justice buried.

3. In the circumstances of the matter this bail application need not be disposed of on merits by this Court. According to Note 2, Rule 14, Chapter X of the Lahore High Court Rules and Orders Volume III a bail application has to be first moved before and disposed of on merits by the Court of lowest grade which in the instant matter is the Court of Session at Sheikhupura. I, therefore, direct the petitioner to move the application before the learned Sessions Judge Sheikhupura for his pre‑arrest bail till 9‑4‑1999 during the Court hours and during the said period the petitioner shall not be arrested. Thereafter, the risk shall be entirely at his own shoulders.

4. Learned trial Court shall not feel prejudiced by any of his own observations contained in his order, dated 5‑4‑1999 and shall dispose of the application, if moved by the petitioner, with a fair and impartial mind. It shall not be out of place to express that keeping in view the rule of propriety expounded in Zubair's case by the Supreme Court of Pakistan the application for pre‑arrest bail, if moved by Sajjad petitioner, shall be transferred to the Court of Rana Zahoor‑ul‑Haq, Additional Sessions Judge, Sheikhupura by the learned Sessions Judge for disposal in accordance with law. This petition stands disposed of. N.H.Q./S‑327/L Order accordingly.