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MUHAMMAD NABI versus MUHAMMAD MUNIR AHMAD


Article 185 (3) Criminal Procedure Code (V9 1898), Section 497 (5) High Court's bailment, is fully justified in granting bail by the session judge, who was not prosecuting, but only in urgent matters. Was present Holiday Appeal Trial Judge Dismisses Appeal During Holiday
1986 S C M R 1321

Present: Nasim Hasan Shah and S.A. Nusrat, JJ

MUHAMMAD NABI and others‑‑Petitioners

versus

MUHAMMAD MUNIR AHMAD and others‑‑Respondents

Criminal Petition No. 112‑R of 1985, decided on 18th November, 1985.

(On appeal from the judgment, dated 2‑10‑1985 of the Lahore High Court, Lahore in Criminal Miscellaneous No. 2081/B/85).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497 (5)‑ Bail‑‑Cancellation of‑‑High Court, held, fully justified in setting aside order of bail granted by Sessions Judge who was not trying case but merely attending to urgent matters during vacations‑‑Leave to appeal refused dot trial Judge directed to expedite disposal of case.

Muhammad Bilal, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record (absent) for Petitioners.

Sh. Ijaz Ali, Advocate Supreme Court for Respondents.

Date of hearing: 18th November, 1985.

ORDER

NASIM HASAN SHAH, J

.‑‑This petition is directed against the order of the Lahore High Court accepting the application of respondent No.1 and setting aside the order of the Additional Sessions Judge, Gujrat, dated 15‑8‑1985 allowing bail to the petitioners.

We have heard Mr. Muhammad Bilal, learned counsel for the petitioners and Sh. Ijaz Ali, learned counsel for the State and also perused the available record.

We are satisfied that the High Court was fully justified in setting aside the order of bail granted by a Sessions Judge, who was not trying the case but merely attending to urgent matters during the vacations However, we also feel that the learned trial Judge should make, every effort to dispose of the Sessions Trial, which is at the defence stage, very expeditiously. He should do the needful before this year is out, namely, before 31‑12‑1985.

This petition, with the above observations, is dismissed.

A copy of this order be sent to the learned Additional Sessions Judge, Gujrat trying this case.

M.I. Leave refused.

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