HAJI MUHAMMAD AMIN Versus IJAZ-UL-HAQ

ORDER

The respondents were granted bail by the learned Sessions Judge Gujranwala vide order, dated 31-3-1991. This is a petition for cancellation of the same.

2. Ijaz-ul-I-Iaq respondent moved application for bail in the High Court (C ' Misc. 3073-13/1989) and withdrew the same on 25-9-1989. His second attempt (Crl. Misc. 2300-13/1990) failed in the High Court vide order, dated 25-9-1990. Sikander twice moved the High Court (Crl. Misc. 3084-13/1989 & Crl. Misc. 4870-13/1989) and failed vide orders, dated 4-9-1989 and 26-2-1990.

3. Learned counsel for the petitioner has contended that in spite of the order of the High Court the respondents were granted bail by the Sessions Judge, particularly he stresses the point that the case having been entrusted to another Addl. Sessions Judge, the Sessions Judge himself could not have the jurisdiction to dispose of the, application unless he had withdrawn the case to his own file. He also stresses that Sikander and Arshad Mahmood ace hardended criminals and one serious case against the former and 4 serious cases against the latter are pending in the various Courts. Learned counsel for the respondents on the other hand argued that the Sessions Judge had the jurisdiction at all times to dispose of the bail matter.

4. It is an admitted fact from the report submitted by the Sessions Judge when called upon to explain his position when the case had been entrusted to an Addl. Sessions Judge why he himself entertained bail applications and accepted the same. When the case had been entrusted to another Court of equal jurisdiction unless the case had been withdrawn by the learned Sessions Judge he could not have dealt with the bail matter in any case it was improper and inappropriate on his part to deal with the matter when the case had been entrusted to Addl. Sessions Judge for disposal of the matter. The matter in this regard need not be pursued against the Sessions Judge, he having already retired.

5. In view of the inappropriateness of the order passed by the learned Sessions Judge and the order passed by this Court the statutory period not having expired when the bail was granted to the respondents, the bail orders granted to them are hereby recalled. The respondents would be at liberty to move the trial Judge whether Addl. Sessions Judge or Sessions Judge for fresh bail who would be at liberty to consider the merits of the case at his own end.

N.H.Q./M-174/1 Bail cancelled.