Law: Criminal Procedure Code (V of 1898)

Section: 497(2), 344

Law: Pakistan Army Act, 1952

Section: 133

(a) Criminal Procedure Code (V of 1898)  S. 497(2) read with Pakistan Army Act (XXXIX of 1952), S. 133 Bail-Case entrusted to Special Military Court-High Court, held, devoid of jurisdiction to grant bail.-[Jurisdiction]. - Rana Muhammad Amin v. The State 1978 S C M R 420 rel. (b) Criminal Procedure Code (V of 1898) S. 344 & 497-Contention that petitioner having been detained without any order of remand as required under S. 344 detention illegal and petitioner entitled to bail-Section 344 being concerned not with merits of bail application-Non-compliance of provisions of S. 344 (if any), held, cannot be considered as a ground for grant of bail. Syed Ghulam Ali Shah v. State 1978 P Cr. L J 596 distinguished.                                                                                                                                      JUDGMENT Through this petition Irfatt Ali Shah alias Poopi Shah has applied for bail in respect of a case under sections 302/34, P. P. C. registered at Police Station Yakki Gate, Lahore. The report had been lodged by one Muhammad Afzal, brother of Muhammad Arshad, deceased. The peti tioner alongwith Javed Ali Shah, his brother has been involved in this case. Javed Ali Shah is an absconder and is stated to have been run away from the custody. The case has been adjourned from time to time in order to ascertain whether the case has been submitted to the Special Military Court for trial of the petitioner. On 23rd July, 1979 the learned counsel for the State made a statement that the petitioner was being tried by a Military Court, but however, he was not sure whether the orders to that effect had been passed by the Martial Law authorities. It has now been ascertained and a report to this effect has been made on 8th August, 1979 which has been placed on record. According to the report the case has…