Law:

Section:

Criminal Procedure Code (V of 1898)---Ss. 497 & 498---Constitution of Pakistan (1973), Art. 184(3)---Bail---Suo motu criminal review under Art. 184(3) of the Constitution by the Supreme Court---Supreme Court, in State v. Zubair PLD 1986 SC 173, inter alia, had observed that if a Judge of a High Court had heard a bail application of an accused person, all subsequent applications for bail of the same accused or in the same case, should be referred to the same Bench/Judge wherever he is sitting and in case it was absolutely impossible to place the second or subsequent bail application before the same Judge, who had dealt with the earlier bail application of the same accused or in the same case, in such cases, the Chief Justice of the concerned High Court may order that it be fixed for disposal before any other Bench/Judge of that Court---Supreme Court, taking suo motu notice of the difficulties arising out of the strict implementation of the ratio in the State v. Zubair and on receipt of the reports from High Courts of the country and hearing the Attorney-General of Pakistan and Advocates-General of all the Provinces observed that the spirit underlying the said case which still held the field was not intended to create difficulties/bottlenecks or to work prejudicially to the interest of all concerned---Chief Justice of concerned High Court, in such a situation was to examine whether in any of the given case, due to non-availability of the Bench/Judge, who had earlier dealt with the bail application, owing to exigencies of service or any other sufficient cause, departure be made in the larger interest of justice and refer the cause to another Bench/Judge for reasons to be recorded in writing; same procedure was to be followed at the Benches where similar orders may be passed by the Senior Judge--­Constitution of the Benches was the exclusive function of the Chief Justice--­Ordinarily, subsequent bail application by the same accused or in the same case must be placed for disposal before the same Single Judge/Division Bench of the High Court which had dealt with the first bail application---If the Single Judge, who had dealt with the first bail application, is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492