| Citation(s) |
|---|
| 1995 SLG 773 1995 SLD 773 1995 PLD 500 |
Supreme Court of Pakistan
Criminal Appeal No.420 of 1994, decision dated: 3rd April, 1995.
SALEEM AKHTAR, FAZAL ILAHI KHAN AND MIR HAZAR KHAN KHOSO, .JJ
Munir Ahmad Bhatti, Advocate Supreme Court instructed by SAW Aasim Jafri, Advocate (absent) for Appellants. Raja Abdul Ghafoor, Advocate Supreme Court for Accountant General Punjab and Raja M. Bashir, Deputy Attorney-General for the State
Criminal Appeal No.420 of 1994, decision dated: 3rd April, 1995.
SALEEM AKHTAR, FAZAL ILAHI KHAN AND MIR HAZAR KHAN KHOSO, .JJ
Munir Ahmad Bhatti, Advocate Supreme Court instructed by SAW Aasim Jafri, Advocate (absent) for Appellants. Raja Abdul Ghafoor, Advocate Supreme Court for Accountant General Punjab and Raja M. Bashir, Deputy Attorney-General for the State
Syed AHMED ALI RIZVI and another
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.419/420/468/471---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether in the circumstances of the case High Court was justified in cancelling the bail granted to accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 497/498---Bail---Grant of bail is not a favour or concession, but it is a right of the detenu regulated by law. (c) Constitution of Pakistan (1973)-- ----Art. 198---Lahore High Court (Establishment of Benches) Rules, 1981, R.3---Territorial jurisdiction of High Court and its Benches---Despite the territorial limits of the Benches having been administratively fixed by R.3 of the Lahore High Court (Establishment of Benches) Rules, 1981, a Judge sitting at the Principal seat of the High Court having Benches can, exercise jurisdiction within the entire territorial limits of the High Court- (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 491---Territorial jurisdiction of High Court---Where liberty of citizens is involved or habeas corpus petition has been filed the same can be entertained at the Principal Seat of the High Court in. respect of the entire territorial jurisdiction of High Court.--[Jurisdiction]. (e) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.419/420/468/471---Bail, grant of--High Court at its principal seat granted bail to accused who were arrested at Lahore, but subsequently recalled the same on the ground that the case had been registered against them at Rawalpindi and such point was never raised during the course of arguments---Held, Authorities concerned by involving a person in different cases arising within the territorial jurisdiction of different Benches of the High Court could not deprive him from invoking the jurisdiction of High Court at its principal seat and if such actions were mala fidely intended to frustrate or obstruct the process of law or harass a person depriving him of his liberty, technicalities should not stand in the way of justice---High Court Judge siting at Lahore, being so satisfied, could exercise jurisdiction in respect of matter…
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