Case Details

Citation(s)
1982 SLG 796 1982 SLD 796 1982 PLD 327
Lahore High Court
Criminal Miscellaneous No. 1364/11 of 1981, decided on 12th December, 1981. DATE of hearing : 6th December, 1981
GULBAZ KHAN, J
Yusuf Ali Khan for Petitioner. R. A. A wan for
Respondent No. 1. Tanweer Ahmad, Asstt. A. G. for the State

MEHR DIN

VS

ALAMDAR HUSSAIN AND another--Respondents

Law:

Section:

(a) Criminal Procedure Code (V of 1898)- Ss. 497 & 498-Repeated bail petitions-Jurisdiction-Ordinarily second matter to be placed before same Bench/Court which disposed of earlier matter-Judge who passed earlier order however, not available for Court work due to sickness and not known when he would be avail­able for Court work-Objection that bail petition should be disposed of by same Bench which was seized of matter earlier, held, not tenable in circumstances. (b) Criminal Procedure Code (V of 1898)- -- Ss. 497 & 498-Bail, grant of-[Murder-case]-Accused absconding for a pretty long time, held, disentitled himself to concession of bail, in circumstance.-[Asc9ndenceJ. Gul Hassan and another v. The State P L D 1969 S C 89 ; Tawaib Khan and another v. The State P L 1) 1970 S C 13 and Chan Shah v. The Crown PLD1956FC43ref. (c) Criminal Procedure Code (V of 1898)- -- S. 497(5)-Bail, cancellation of after full-fledged trial-Prosecution story disbelieved by trial Court and all co-accused, including one responsible for causing injuries to deceased, acquitted-Sessions Judge, held, did not exercise his discretion injudiciously in granting bail to accused, in circumstances-Cancellation of bail declined. (d) Criminal Procedure Code (V of 1898)- Ss. 497 & 498 read with S. 561-A-Repeated bail petitions ­Repeated petitions. in same Court for bail or cancellation of bail or recalling any earlier orders, held, to be discouraged unless some new and fresh ground made out-No fresh grounds for recalling earlier order passed by High Court forthcoming, petition under S. 561-A, Criminal Procedure Code, held, misconceived and not main­tainable, in circumstances. ORDER The facts leading to the filing of the present petition are as follows :- Mehr Din lodged F. I. R. on 24-7-1977, at Police Station, Pattoki, under sections 148, 307, 302!149, P. P. C. According to the prosecution version, Alamdar Hussain (respondent in this petition), Mumtaz Ali, Ata Muhammad, Safdar Ali and Nazar Hussain committed the murder of Asghar alias Shooka and attempted on the life of Muhammad Tufail P. W. It was alleged that Alamdar Hussain respondent armed with chhura and Mumtaz Ali co-accused armed…
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