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Criminal Miscellaneous No. 223/11 of 1986, decided on 8th April, 1986.
‑‑‑S.497‑‑Emigration Act (XVIII of 1979), S.17/22‑‑Conditional bail order‑‑Trial Court allowing conditional bail to accused in disregard of judgments of superior Courts‑‑Conditional bail order set aside and accused granted bail without condition‑‑Subordinate Courts, held, were expected to keep themselves abreast of judgments of superior Courts.
Mian Ata‑ur‑Rehman Khan for Petitioner.
Muhammad Islam for the State.
Date of hearing: 8th April, 1986.
Amir Hamza petitioner is facing trial before Special Judge (Central), Lahore in a case under section 17/22, Immigration Act which arose out of F.I.R. No.72, dated 12‑11‑1985. The learned Special Judge allowed bail to Amir Hamza petitioner stipulating that he will be admitted to interim bail upto 27‑4‑1986 subject to his payment of Rs.42,000 to the aggrieved persons. It appears that the learned Special Judge has not read the judgments of the superior Courts wherein it has been repeatedly held that conditional bail cannot be allowed to an accused person. The subordinate Courts are expected to keep themselves abreast of the judgments of the superior Courts. In view of this, the impugned order, dated 25‑3‑1986 is set aside. The petitioner Amir Hamza is admitted to bail till decision of the case against him on furnishing of bail bond in the sum of Rs.10.000 with one surety in the like amount to the satisfaction of the trial Magistrate.
H.A.K. Condition attached to bail order set aside.
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