Law: Criminal Procedure Code (V of 1898)

Section: 497(1), 526

(a) Criminal Procedure Code (V of 1898) S. 497-Bail, application for-Accused being in judicial custody, application for his bail, held, may be moved any time and can be repeated without restriction, specially as and when any change in circumstances of case takes place. (b) Criminal Procedure Code (V of 1898) S. 497 (1)-Public Prosecutor, appointment of-Power to appoint a Public Prosecutor or to assign him particular work, held, can be exercised by Government, or its functionaries and no such power available to Courts. (c) Criminal Procedure Code (V of 1898) S. 526-Transfer of criminal cases-Bail application of applicant fixed for hearing on at least 17 different dates but yet pending decision-Trial Judge further withdrawing case from charge of District Public Prosecutor without notice and ordering conduct of prosecution case by Advocate engaged by complainant, assisted by an Assistant Public Prosecutor-Circumstances, held, could give reasonable apprehension to applicant that he would not get a fair and impartial trial-Transfer of case ordered, in. circumstances. Date of hearing: 27thJanuary, 1981.                                                                                                                    JUDGMENT This is an application made by Abdul Hakim Khan son of Ghulam Nabi, who is being tried by Mr. Dargahi L. Mangi, Additional Sessions Judge, Shikarpur, alongwith others for transfer of Sessions Case No. 77 of 1979, State v. Abdul Hakim and others under section 302, P. P. C. and its counter-case State v. Rasool Bux and others under section 307, P . P. C.    The grounds on which the transfer is sought are as under:- (1) That the hearing of bail application filed on his behalf on 26thNovember, 1979, was being deferred and had not been disposed of. (2) That on 7th January, 1980 when the applicant who is an under-trial prisoner and had, been brought to…