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STATE versus AMANULLAH

Sections 497 (5) and 439 of the Code of Criminal Procedure (XLV of 1860), section 302/34 bail, were filed before the First Additional Sessions Judge, before which the accused was granted bail. The case was underway and a notice was issued. Because the Assistant Public Prosecutor was on the short leave of the First Additional Sessions Judge, the matter was placed before the Second Additional Sessions Judge as a Link Judge, who only had to deal with the necessary matters. Demand for bail for postponement. Photostat copy of Medical Certificate has been issued on consecutive dates and afterwards bail. The Second Additional District Judge was not prosecuting, neither was granted a bail application, nor was the case adjudicated by the Additional Additional Sessions Judge on a daily basis from day to day. Before the High Resume of the First Additional Sessions Judge, dates showed his intelligence for speedy settlement of the bail application, even after the expiration of his leave, even waiting for the original medical certificate / post-mortem report. Without it, the Second Additional Sessions Judge did not act in accordance with the law, and this was a violation of the rule set out in Muhammad Nabi Muhammad Muhammad Munir Ahmed. 1986 SCMR 1321) The accused respondents were granted bail which was canceled in the circumstances. online advocate from Kamra lawyer