ZAFAR ABBAS Versus THE STATE

ORDER

The petitioners, Manzoor Ahmad and Zafar Abbas have moved separate transfer applications (Criminal Miscellaneous Nos. 107/T/88 and 108/T/88 of 1988) under section 526, Cr.P.C. for transfer of two bail petitions titled Safraz v. State and Sarfraz etc. v. State, pending adjudication in the Court of Mr. Masood Akhtar Khan, learned Additional Sessions Judge, Chiniot to the Court of learned Sessions Judge, Jhang. I propose to dispose of both the applications together by my consolidated order.

2. The learned counsel for the petitioners contended that the earlier bail application was disposed of by the learned Sessions Judge, Jhang pertaining to both the cases in the year 1985 and as such in view of the principle laid down in State through Advocate‑General, N.‑W.F.P. v. Zibair and 4 others P L D 1986 S C 173, the cases are to be disposed of by the same learned Judge who earlier dealt with the matters.

3. Mr. Khalil Ramday, learned Advocate‑General, Punjab has submitted that this is not a vested right of the parties that they be heard in matters pertaining to transfer of the cases from. one Court to another. Mr. Husnat Ahmad Khan, Advocate who appeared for Dr.. Khalid Ranjha, learned counsel for the respondents on the last date of hearing, tried to draw some distinction in Zubair's case. However, he could not say anything on the merits of the case. The case has been called out today. In response thereto, Mr. Afzal Ashraf appears on behalf of the accused‑respondents. At any rate the case of the accused‑respondents stall not be prejudiced 'as no adverse order is being passed against them. Accordingly both the bail petitions pending adjudication before Mr. Masood Akhtar Khan, learned Additional Sessions Judge, Chiniot shall be withdrawn from his Court and shall be entrusted to the learned Sessions Judge, Jhang, who shall dispose of the petitions within ten (10) days time, without fail. The parties are directed to appear before the learned Sessions Judge, Jhang on 6‑8‑1988, so that he may be able to dispose of the said bail petitions on or before 13‑8‑1988. Both the transfer applications succeed and are allowed.

M.Y.H./Z‑72/L Bail applications transferred.