Law:

Section:

(a) Special Courts for Speedy Trials Ordinance (II of 1992)- ---- S.11 --- Criminal Procedure Code (V of 1898), Ss.439, 491, 496, 497, 498, 498-A & 561-A --- Bail --- Sections 3, 5(3)(5) & 11 of the Special Courts for Speedy Trials Ordinance, 1992 have left no scope for the grant of bail by the High Court in a case lawfully transferred to a Special Court set up under the Ordinance because these provisions completely and unambiguously bar the jurisdiction of all other Courts including the High Court in bail matters --­Special Court alone can grant bail to an accused in a case transferred to it and none else. Allied Bank of Pakistan's case 1991 SCMR 599 and Qaim Ali Shah's case 1M SCMR 2192 ref (b) Special Courts for Speedy Trials Act (IX of 1"2)- S. 11 --- Constitution of Pakistan (1973), Art.199---Bail --- Constitutional jurisdiction cannot be invoked nor exercised by High Court in bail matters merely because its ordinary jurisdiction in such matters has been taken away by a special statute. (c) Special Courts for Speedy Trials Act (IX of 1992). S. 11 --- Penal Code (XLV of 1860), S302/324/148/149 --- Criminal Procedure Code (V of 1898), S.497 --- Validity of transfer of case from Sessions Court to Special Court for Speedy Trial by Federal Government challenged in high Court in Constitutional petition which was pending --- High Court staying the proceedings before Special Court --- Special Court's power to pass any order having been suspended tiff decision of the writ petition --- High Court as also the Court of Session had the jurisdiction to entertain and dispose of the bail applications and the application for cancellation of bail. (d) Criminal Procedure Code (V of 1898)- ---- S.497(5) --- Penal Code (XLV of 1860), S.302/324/148/149 --- Cancellation of bail ---Accused had been found innocent in successive investigations and was placed in column No.2 of the challan --- Bail allowed to accused was not cancelled in circumstances. (e) Criminal Procedure Code (V of 1898)- ---- S-497 --- Penal Code (XLV Of 1860), S-302/324/148/149 --- BA grant of --­ Illness of the accused was nothing more than the backache which was not a serious disease requiring…

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