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Criminal Miscellaneous Petition No. 712 of 1952, decided on 17th November 1952, for cancellation of bail of the accused‑res pondents, granted by Q. U. Shahab, District Magistrate, Jhang, (as Sessions Judge,) on the 10th September 1952.

S. 17 (4)‑Applies only to Sessions Judges and not to Additional Sessions Judges ---‑Additional Sessions Judge has no jurisdiction to make provi sion, in his absence, for disposal of his urgent business by District Magistrate.

It is quite apparent from its terms that the fourth subsection of section 17 applies only to Sessions Judges and not to Addi tional Sessions Judges. Since on the day of the order complained of, the Sessions Judge was present at his headquarters in Lyallpur, this subsection was obviously inapplicable and the Additional Sessions Judge had no jurisdiction to entrust his urgent business during his absence to the District Magistrate under that provision. The order passed by the District Magistrate is, therefore, illegal and must be set aside.

This was a case of admission to bail by the District Magistrate under section 498.

S. 9 (3)‑--Addi tional Sessions Judge‑---Not a Court of Session under S. 498 unless so declared by Government Notification or the Sessions Judge assigns by general or special order any application to him.

An Additional Sessions Judge does not become a Court of Session for the purposes of section 498 of the Code of Criminal Procedure unless the notification appointing him as Additional con tains a direction to that effect or until the Sessions Judge himself by a general or special order assigns any application or applications under that section to him.

Jamil Hussain Rizvi for Petitioner.

Muhammad Amin Khan for Respondents.

This is an application for can cellation of the bail to which the respondents were admitted under section 498 of the Code of Criminal Procedure.

The respondents are being prosecuted in the Court of the Additional District Magistrate, Jhang, on charges of rioting, causing grievous hurt with sharp weapons and attempted murder. An application on their behalf was made to the Additional Sessions Judge, Lyallpur, at Jhang praying that under section 498 of the Code of Criminal Procedure they be admitted to bail during the trial. The learned Judge allowed bail to Ghulam son of Jiwana and Jiwana son of Majhi but dismissed the application of Ghulam son of Salehon, and Shahu, Waryam and Allah Ditta. Subsequently, while the Additional Sessions Judge was on leave, these four persons made a fresh application to the District Magistrate, Jhang, who, by his order, dated the 10th September 1952, admitted them to bail. The present application is directed not only against the order of the Additional Sessions Judge but also against that of the District Magistrate and prays that the orders admitting the six respondents to bail be set aside on the ground that neither of these officers was competent to take bail.

Under section 498 of the Code of Criminal Procedure it is the Court of Session which can direct a person to be admitted to bail. Jhang is included in the Sessions Division of Lyallpur and is not a separate Division. By an order under subsection (3) of section 9 of the Code of Criminal Procedure the Provincial Government has appointed an Additional Sessions Judge at Jhang to exercise jurisdiction in the Court of Session, Lyallpur. It seems that this Additional Sessions Judge has under subsection (4) of section 17 of the Code of Criminal Procedure made arrangements by which during his absence all urgent applications made to him are disposed of by the District Magistrate, Jhang, and it is in exer cise of this power that the learned District Magistrate admitted Ghulam son of Salehon, and Shahu, Waryam and Allah Ditta to bail. It is quite apparent from its terms that fourth subsection of section 17 applies only to Sessions Judges and not to Additional Sessions Judges. Since on the day of the order complained of the Sessions Judge was present at his headquarters in Lyallpur, this subsection was obviously inapplicable and Additional Session Judge had no jurisdiction to entrust his urgent business during his absence to the District Magistrate under that provision. The order passed by the District Magistrate is, therefore, illegal and must be set aside.

Ghulam son of Jiwana and Jiwana son of Majhi were admitted to bail by the order of the Additional Sessions Judge himself. An Additional Sessions Judge does not become a Court of Session for the purposes of section 498 of the Code of Criminal Procedure unless the notification appointing him as Additional contains a direction to that effect or until the Sessions Judge himself by a general or special order assigns any application or applications under that section to him. Of course where the Sessions Judge has entrusted the trial of a case to the Additional, the latter can exercise all the powers of the Court of Session in that case. I do not know whether the Sessions Judge, Lyallpur, has or has not issued a general order delegating his powers under section 498 to the Additional Sessions Judge at Jhang in respect of the cases from that district, but it seems to me to be quite clear that in the absence of any such order, the Additional Sessions Judge himself cannot act under that section of the Code. I can, however, pre sume that the Sessions Judge must have issued such orders with a view to enabling the Additional Sessions Judge at Jhang directly to dispose of applications under section 498 of the Code from the district of Jhang and without their being first presented to the Court of Session at Lyallpur. I cannot, therefore, interfere with the order admitting these two respondents to bail.

A. H. Bail of two respondents cancelled.

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