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Criminal Miscellaneous Application No. 976 of 1984, decided on 16th October, 1984.
‑‑‑S.497/498‑‑Bail‑‑Bail granted to accused by Additional Sessions Judge but was cancelled by Assistant Sessions Judge on account of accused's failure to appear before Assistant Sessions Judge to whom case was transferred for trial‑‑Order of Assistant Sessions Judge, held, illegal‑ --Bail granted by Additional Sessions Judge, held, could not cancelled by Assistant Sessions Judge‑‑Bail allowed by High Court in circum stances.
A I R 1932 All. 534 rel.
Rashid A. Rizvi for Applicant.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
Date of hearing: 16th October, 1984.
The applicant was granted bail by 6th Additional Sessions Judge, Karachi by his order, dated 4‑10‑1981. The case was later on transferred to 6th Assistant Sessions Judge, Karachi for trial. On 26‑8‑1984 learned 6th Assistant Sessions Judge cancelled the bail of the accused on account of his absence on the above date and on its failure to furnish fresh surety.
The above order of the learned 6th Assistant Sessions Judge has been challenged in this Cr. Miscellaneous Application. The contention is that the bail granted by Additional Sessions Judge could not have been cancelled by Assistant Sessions Judge. In support of this contention reliance is placed on A I R 1932 All. 534 the above case was also relied upon in an unreported decision in Cr. Miscellaneous reference No. 20/84 decided by my learned brother Sajjad Ali Shah, J.‑‑ on 3‑9‑1984.
Mr. Abdul Ghafoor Mangi, A. A.‑G. for the State concedes that the order of the 6th Assistant Sessions Judge cancelling the bail of the applicant was illegal. I agree with the decisions which have been referred to in support of the above application, which is allowed. The applicant shall be released on furnishing in surety in the amount of Rs.10,000 and P.R. in like amount to the satisfaction of trial Court.
M. Y. H. Application allowed.
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