DOST MUHAMMAD vs ARSHAD JAVED, ADDITIONAL SESSION JUDGE and another
The petitioner sought leave to appeal against the order of the Lahore High Court dismissing his application for the transfer of a criminal case from the Court of the Additional Sessions Judge, Bhalwal. The core legal question was whether the grant of bail to an accused by a trial court constitutes a valid ground for the transfer of the case to another court under an apprehension of bias. The Supreme Court held that the mere fact that bail has been granted to one of the accused does not by itself constitute a valid ground for seeking the transfer of a case, noting that the proper remedy against an adverse bail order is to challenge it before the High Court. Consequently, the Supreme Court refused leave to appeal and dismissed the petition, laying down the principle that judicial orders such as the grant of bail, if contested, must be challenged through appropriate appellate or revisional forums rather than serving as a basis for transferring proceedings.
- Does the grant of bail to an accused by itself constitute a valid ground for the transfer of a criminal case?
- What is the proper remedy for a party dissatisfied with a bail order passed by a trial court?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
' NAZIM HUSSAIN SIDDIQUI, C.J.-- The petitioner has impugned order, dated 9-12-2003 of learned Chief Justice, Lahore High Court, whereby Criminal Miscellaneous No,264-T of 2003 moved by him for transfer of the case from the Court of learned Additional Sessions Judge, Bhalwal, was dismissed.
2. Vide F.I.R. No,357 of 2003 a case under sections 302/324/ 148/149/109, P.P.C. Was registered at Police Station Bhalwal. Transfer of the case was sought on the round that one of the accused was admitted to bail by said learned Additional Sessions Judge and it raised apprehension in the mind of the petitioner that he would not get justice from said Court. The transfer application was dismissed by learned Chief Justice holding that transfer of the case was sought on "baseless allegations".
3. We heard learned counsel for the petitioner and perused the record. Simply because bail has been granted to one of the accused, this by itself is not a valid ground for seeking transfer. If the petitioner was dissatisfied with the said order, he could challenge the same before the High Court.
No ground for interference is made out.
4. In consequence, leave to appeal is refused and the petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.