| Citation(s) |
|---|
| 2015 SLG 3019 2015 SLD 3019 2015 YLR 2496 |
Lahore High Court
Crl. Rev. No. 761 of 2015, decided on 24th July, 2015.
SHEHRAM SARWAR CH., J
Muhammad Zafar Chaudhary for Petitioner. Tariq Javed, DPP on Courts call for the State.
Crl. Rev. No. 761 of 2015, decided on 24th July, 2015.
SHEHRAM SARWAR CH., J
Muhammad Zafar Chaudhary for Petitioner. Tariq Javed, DPP on Courts call for the State.
MUHAMMAD ARSHAD KHAN
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 528---Bail application, transfer of---Principle---Accused sought transfer of bail application to another court on the plea that the other court had granted bail to a co-accused and accused had withdrawn earlier three bail applications from that court---Court in which bail application was pending declined to transfer the application--Validity---Order passed by the court below did not warrant interference as the courts were not only bound to decide the cases pending before them but were also under the bounden duty of earlier disposal of matters---Judge in the other court was on special casual leave and urgent matter like bail petition could not be kept in waiting or lingering it on for unexplainable period---Petition was dismissed in circumstances. The State through Advocate 3, General N.-W.F.P. v. Zubair and 4 others PLD 1986 SC 173 ref. ORDER SHEHRAM SARWAR CH., J.--The instant criminal revision petition has been filed by the petitioner challenging the order dated 13-7-2015, passed by the learned Additional Sessions Judge, Mianwali. The petitioner sought transfer of his bail application from the court of Mr. Shafquat Ullah Khan, learned ASJ, Mianwali, to the Court of Syed Asghar Ali, ASJ, Mianwali, on the ground that earlier three bail applications were withdrawn from the court of Syed Asghar Ali, learned ASJ Mianwali and one bail application of co-accused, namely, Arshad was granted by the said Court and in the light of the case reported as The State through Advocate General N.-W.F.P. v. Zubair and 4 others (PLD 1986 SC 173). 2. It is contended by the learned counsel for the petitioner that the order passed by the learned ASJ, Mianwali, while dismissing the petition has ignored the judgments passed by the Honourable Supreme Court of Pakistan and has erred in law as it was mandatory upon him to adjourn the bail petition of the petitioner while waiting for Syed Asghar Ali, learned RSJ Mianwali, to resume his office as he was not available due to summer vacations. 3. On the other hand, learned District Public Prosecutor has opposed this petition and has supported the order dated 13-7-2015, passed by the…
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