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Criminal Miscellaneous No. 706 of 1979, heard on 24th. September, 1979.
‑‑‑ S. 497(5)‑Bail, cancellation of‑Interim bail continuing and final order yet to be passed by Additional Sessions Judge‑Applica tion for cancellation of bail before High Court, held; premature Applicant, held further, to move first Additional Sessions Judge for passing final order on bail application or for cancelling/recalling his bail order.
Sharif Khattak for Applicant.
Eiaz Hussain Rizvi for Respondent No. 1.
Mrs. Salima Nasir‑ud‑Din for the Sate.
Mr. Sharif states that a case under section 365, P. P. C. had been registered against the respondents for abducting the applicant Sahib Khan from the Petrol pump near Khudadad Colony on 14th July 1979 at 6‑30 p. m. Report was lodged. by the brother. of this applicant on ‑ the following night at .1;30 a. m. The investigation in the‑case was. going on when on 18th July, 1979 the bail. before arrest was granted to‑the respondents by the Additional Sessions Judge; Karachi on . the ground that respondent was suffering from heart ailment. Mr. Sharif states that there was nothing on record to substantiate the heart. ailment. The offence is punishable for 7 years and Mr. Sharif's contention is that the whole investigation has been thrown off gear. I however find that in the order of 22nd July 1979, the Additional Sessions Judge had observed that the interim bail was to continue till next date. I am informed by Mr. Ejaz Rizvi that interim bail is continued till this day. Therefore the final order in respect of bail has yet to be passed by the Addl. Sessions. Judge after consideration of various circumstances. The application for cancellation of bail moved in the High Court is there fore premature and the applicant should have moved the Additional Sessions Judge for passing a final order on the bail application or he could have asked for recalling of the order of bail.
I :would therefore reject this application but direct the Additional Sessions Judge to pass a final order on the bail application of Ch. Niaz Ahmed and others after hearing both sides and considering the various aspects of the cast. R. & P. alongwith copy of this order be sent back to Additional Sessions No. VIII, Karachi without any delay.
Petition dismissed.
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