Law: Criminal Procedure Code (V of 1898)

Section: 9(3),561A,497(5),498

Law: Pakistan Penal Code, 1860

Section: 302,201,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 9(3)---Additional Sessions Judge passes an order as a Court of Session---Additional Sessions Judge on appointment in any Sessions Division is empowered to exercise jurisdiction of Sessions Court---Whenever an Additional Sessions Judge passes an order, he passes it as a Court of Session and not that of any other Court or Authority, for the simple reasons that under S.9(3), Cr.P.C. he was appointed to exercise jurisdiction of Court of Session. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 497(5)---Penal Code (XLV of 1860), Ss.302/201/148/149--Quashing of order issuing notice to the accused to show cause as to why their bail should not be cancelled---Additional Sessions Judge, while dismissing the bail application of co-accused, had issued show-cause notice to the accused for cancellation of their bail granted by another Additional Sessions Judge---Present Additional Sessions Judge was competent to exercise such suo motu powers as a Court of Session, as provided under S.497(5), Cr.P.C.---Said Additional Sessions Judge, however, had made adverse comments and shown disagreement with certain observations made by the earlier Additional Sessions Judge in his order, which he was not competent to do---No new, fresh or other grounds such as misuse of bail etc. were alleged or found at the time of decision of bail application of the aforesaid co-accused, warranting issuance of notice for cancellation of bail granted to accused---Present Additional Sessions Judge, therefore, was neither competent nor justified to issue such notice to accused---Impugned order was consequently quashed. Dr. Waqar Hussain v. State 2000 SCMR. 735; Allah Bux v. State 1986 PCr.LJ 651; The State v. Zubair 2002 SCMR 171 and The State v. Zubair PLD 1986 SC 173 ref. (c) Criminal Procedure Code (V of 1898)---- ---S. 497(5)---Bail, cancellation of---Issuance of show-cause notice---Power rests with the Additional Sessions Judge to issue show-cause notice either on the application or while exercising suo motu powers---Subsection (5) of S.497, Cr.P.C. does not create any bar for exercising such powers, if no application is moved by any…

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