Mst. SAID BIBI vs THIS STATE

ORDER

This is an application under section 491 (1) (e), Cr. P. C. For the transfer of Muhammad Ghaus prisoner from Central Jail, Multan, to District Jail in Lahore or Gujranwala, pending the decision of the appeal in the High Court. The applicant Mst. Said Bibi has described in the petition that her husband Mohd. Ghaus was charged with murder and was found guilty of; the offence and sentenced to suffer transportation for life by the Additional Sessions Judge, Sialkot, and that the conviction and the sentence had been challenged in an appeal which is pending in this Court. It is further described in the petition that the con--vict was the only elder member of the family and as the petitioner is a young woman and has to look after five children, it was not possible for her to visit her husband at a far of place like Multan.

2. The short question that calls for determination in this petition is whether this Court can order the transfer of the prisoner from one jail to another. It may be observed that under section 491 (1) (e), Cr. P. C. This Court can transfer the custody of the prisoner from one jail to another for the purpose of the trial. It is well settled now that an appeal is in continuation of the trial already held or a part of the trial of an offence under--taken by the Court of the first instance, therefore, it is obvious that this Court can order the transfer of the prisoner from one jail to another under section 491 (1) (e), Cr.

P. C. During the pendency of the appeal.

3. The result is that I accept the petition and order the transfer of Muhammad Ghaus from Central Jail, Multan, to District Jail, Gujranwala, an adjoining district of Sialkot, pending the decision of the appeal by this Court.