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MUJEEB-UR-REHMAN ALVI versus GOVERNMENT OF SIND


Constitution of Pakistan 1973 Article 270 Martial Law Orders (CMLAN) No. 3 and 4 Martial Law Orders (MLA Zone C) No. 99, 100 and 164 Martial Law Order 164 is a legislative order which is passed by the Military Military Courts. Validates all court cases. Created by MLO 99 Martial Law Administrator Zone C, under the Martial Law Order (MLA Zone C) No. 164 issued for the purpose of endorsement of the Martial Law Order (MLA Zone C) No. 164. Management has the authority to create and legislate special and summary military courts in the Martial Law Area. The trial was a form of legislation that, with prior effect, was validating the cases and could not be challenged because such laws made by the Marshal Law Administrator were passed by a legislative assembly consisting of elected representatives of the people. Was expressly protected by Article 270A of the Constitution.

1987 M L D 1601

[Karachi]

Before Mamoon Kazi, J

JAMES MASIH--Applicant

Versus

THE STATE--Respondent

Criminal Miscellaneous Application No. 768 of 1987, decided on 2nd July, 1987.

Criminal Procedure Code (V of 1898)-

---Ss.497, 498, 499 & 501--Surety bond--Increase of amount Accused who was released on bail on furnishing one surety bond remaining absent on date of hearing in Court of Additional Sessions Judge and asked by the Court to furnish two sureties--Prayer of accused to reduce amount of surety to original bond furnished by him not opposed by State Counsel--Order accordingly.

Sardar Muhammad Ishaq for Applicant.

Sarfraz Ahmad, A.A.-G. for the State.

ORDER

The applicant was on bail before the learned IIIrd Additional Sessions Judge, Karachi when he remained absent on a date of hearing with the result that he has now been asked to furnish two sureties in the sum of Rs.20,000 by the learned Additional Sessions Judge.

Earlier, according to Sardar Muhammad Ishaq, the applicant had been released on bail on his furnishing bond in the sum of Rs. 10,000 with one surety. I have heard Mr. Sarfraz Ahmad, learned A.A.-G. He has no objection if the amount of the bond is reduced to the original one which was earlier furnished by the applicant before the learned Additional Sessions Judge and the number of sureties is also reduce to one. Copy of this order shall be sent to the third learned Additional Sessions Judge, Karachi South for compliance.

M.Y.H./J-21/ K Petition accepted.

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