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Criminal Miscellaneous No.3425/ B of 1986, decided on 21st December, 1986.

‑‑‑S.497‑‑Bail, grant of‑‑Sessions Judge mechanically dismissing application for bail without considering case on merits‑‑Sessions Judge directed to decide case on merits in accordance with law without being prejudiced by previous order of the High Court.

Malik Abdus Sattar Chughtai for Petitioner.

Farooq Bedar, A.A.‑G. for the State.

Date of hearing: 21st December, 1986.

The petitioner was admitted to pre‑arrest bail by the Additional Sessions Judge by order dated 28‑8‑1986. The bail was cancelled by me on an application moved by Mst. Nasreen Akhtar daughter of Alam Sher, resident of Thalla Noon, Tehsil and District Bhakkar, by order dated 27‑10‑1986. The petitioner was taken into custody.

2. Thereafter he applied for bail after arrest. The Additional Sessions Judge dismissed the same by order dated 22‑11‑1986.

3. The petitioner has now moved this Court.

4. Learned counsel for the petitioner submitted that there is no allegation of rape against the petitioner. He is in judicial lock‑up. His person is no more required by the police.

5. A. A.‑G. opposed the bail on the ground that the Additional Sessions Judge did not consider the case of the petitioner on merits. He mechanically dismissed the application because the bail had been cancelled by the High Court. A.A.‑G. further submitted that the proper course open to the petitioner is to apply afresh to the Additional Sessions Judge, who be directed to decide the same on merits.

6. I am inclined to agree with the learned A.A.‑G. The petitioner may, if so advised, move the Additional Sessions Judge, who is hereby directed to decide the same in accordance with law on merits without being prejudiced by the previous order.

S. A. /F‑9/L. Direction issued.

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