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Criminal Miscellaneous No. 22-T of 1982, decided on 5th July, 1982.
---S. 526--Transfer of criminal case--Lack of confidence and apprehension of injustice in Court, seized of their bail application, deeply rooted in mind of petitioners--Held: Whatever be fact of bail applications, petitioners would remain under constant apprehension and strain--Petition ordered to be withdrawn from Court of Additional Sessions Judge and entrusted to Sessions Judge for disposal.
Sahibzada Farooq Ali and Muhammad Bashir Khan for Petitioners.
Tasaddiq Hussain Jilani, Asstt. A.-G. for the State.
Date of hearing: 5th July, 1982.
Parawise comments have been received from Muhammad Arshad Khan, Additional Sessions Judge. Arguments heard. Admit. Notice.
2. Learned Assistant Advocate-General who is present in connection with some other case, has on my calling accepted the notice.
3. Since the transfer is being sought in bail application in which the petitioners are on pre-arrest bail, I feel that it will be in the interest of justice that the petition is decided today, or otherwise, as long as this petition is not disposed of the petitioners will by process of law remain on interim bail as the learned Court seized of the application will not be able to pass any order and in that case the other party might suffer unheard.
4. I have considered the arguments, advanced by the learned counsel and have gone through the comments. Without making any observation regarding the allegations levelled and the answers submitted in the parawise comments. I feel that lack of confidence coupled with the apprehension of injustice seems to have gone to an extent that in case the petition is not transferred, whatever be the fate of the application for bail, the petitioners will remain under constant apprehension and strain. I think a case for transfer is made out in view of the particular circumstances of this case. The bail petition of the petitioners is, therefore, directed to be withdrawn from the Court of Muhammad Arshad Khan, Additional Sessions Judge. The same shall be entrusted to the District and Sessions Judge who will hear afresh and decide the same.
5. The petitioners shall' appear in person before the learned Sessions Judge on 10-7-1982. This order shall be conveyed forthwith.
S. G. D. Case transferred.
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