Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Constitution of Pakistan (1973), Art. 185(3)---Interim bail confirmed by another Judge---Interim bail granted to accused by a Judge of Lahore High Court, Rawalpindi Bench, was confirmed by another Judge of that Court, although the former Judge on that date was working at the principal seat of the Court at Lahore---Since the Judge who had admitted the accused to interim bail was available as a Judge of that Court, bail application should have been fixed before him for disposal in view of the decision of Supreme Court in the case of State v. Zabair (PLD 1986 SC 173)---Petition for leave to appeal was converted into appeal in circumstances, order confirming the interim bail was set aside and the bail application was directed to be placed before the Judge who had allowed interim bail to the accused for disposal according to law. State v. Zubair PLD 1986 SC 173 ref. M. Nawaz Abbasi, Advocate Supreme Court with Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Sardar M. Ishaque, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 1. Sh. Muhammad Naeem, Advocate Supreme Court for the State. Date of hearing: 5th December, 1994. ORDER SAIDUZZAMAN SIDUIQUI, J.--The petitioner has sought leave to appeal against the order of a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench, dated 25-7-1994 whereby the learned Judge while adjourning the hearing of Criminal Miscellaneous No.340/B of 1994 to 26-9-1994 admitted the respondent to interim bail on medical ground. While the above petition was pending before this Court, the interim bail granted in the case was confirmed by another learned Judge in Chambers of that Court by order dated 18-10-1994. The petitioner consequently filed a Criminal Miscellaneous Petition in the above petition seeking permission to place on record the subsequent bail confirmation order dated 18-10-1994 and to seek leave to appeal against this order as well. When the above petition came up for hearing in Court on…

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