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Criminal Revision Application No.17 of 1987, decided on 15th March, t 1987.
--S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Bail--Sessions Judge while hearing application for confirmation of interim bail directing applicants to produce abductee- Order passed by Sessions Judge, held, not in accordance with law as he was to dispose of bail application before him on merits and not to hold any investigation or inquiry in respect of abductee--Order set aside and bail application ordered to be decided on merits.
---S.497--Bail--Application for confirmation of interim bail Application for bail before arrest, held, could not be heard by an Additional Sessions Judge--Sessions Judge who earlier granted interim bail before arrest directed to pass final order on bail application.
Muhammad Rafiq Khanzada for Applicants.
Gulbe-I-Shah for the Complainant.
Abdul Ghafoor Mangi, A.A.-G. for the State.
This Criminal Revision Application under sections 435 and 439, Cr.P.C. is directed against the order dated 25-2-1987 of Incharge Additional Sessions Judge East (Hudood) Karachi, whereby he directed the applicants to produce Mst. Shazia in Court on 28-1-1987.
I have heard Mr. Khanzada for the applicants. Mr. Gulbe-I-Shah for the complainant and Mr. Abdul Ghafoor Mangi A.A.-G. for the State.
The facts are that applicants were granted interim bail before arrest by the learned Sessions Judge East, Karachi on 7-2-1987. Bail Application came up for hearing before the learned Incharge Additional Sessions Judge (Hudood) Karachi Fast who while hearing the application for confirmation of the bail directed the applicants to produce Mst. Shazia in Court.
Mr. Abdul Ghafoor Mangi frankly stated that order passed by the learned Addl. Sessions Judge is not in accordance with the law as only bail application was before him. I agree with him on the simple ground that learned Judge had to dispose of the application on merits and not to hold any investigation or enquiry in respect of alleged abductee. The order as such is set aside. However, the bail application is to be decided on merits and law. Mr. Abdul Ghafoor Mangi has further argued that learned Sessions Judge who granted interim bail should decide confirmation of bail. I like to invite the attention of the learned Additional Sessions Judge to the case reported in 1984 S C M R 134 and this Court in some cases has come to the conclusion that application for the bail before arrest cannot be heard by the Additional Sessions Judges as reported in 1984 P Cr. L J 2161 and 2677. I direct that application for bail before arrest of the applicant be finally heard by the Sessions Judge who earlier granted interim bail before arrest.
M.Y.H./A-95/K Order accordingly.
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