MUHAMMAD NABI And Others vs MUHAMMAD MUNIR AHMAD And Other
This petition is directed against the order of the Lahore High Court which accepted the application of respondent No.1 and set aside the order of the Additional Sessions Judge, Gujrat, dated 15-8-1985, through which bail was allowed to the petitioners. The core legal question concerns the propriety of granting bail by a Sessions Judge who was merely attending to urgent matters during vacations rather than trying the case. The Supreme Court of Pakistan held that the High Court was fully justified in setting aside the bail order granted under such circumstances. The petition was dismissed with the observation that the trial judge should make every effort to dispose of the Sessions Trial expeditiously at the defence stage before the end of the year.
- Was the High Court justified in setting aside an order of bail granted by a Sessions Judge who was merely attending to urgent matters during vacations?
- Can a Sessions Judge not trying the main case grant bail during vacation periods?
ORDER
1. NASIM HASAN SHAH, J.--This petition is directed against the order of the Lahore High Court accepting the application of respondent No.1 and setting aside the order of the Additional Sessions Judge, Gujrat, dated 15-8-1985 allowing bail to the petitioners.
2. We have heard Mr. Muhammad Bilal, learned counsel for the petitioners and Sh. Ijaz Ali, learned counsel for the State and also perused the available record.
3. We are satisfied that the High Court was fully justified in setting aside the order of bail granted by a Sessions Judge, who was not trying the case but merely attending to urgent matters during the vacations However, we also feel that the learned trial Judge should make, every effort to dispose of the Sessions Trial, which is at the defence stage, very expeditiously. He should do the needful before this year is out, namely, before 31-12-1985.
4. This petition, with the above observations, is dismissed.
5. A copy of this order be sent to the learned Additional Sessions Judge, Gujrat trying this case.
Cited by 1 case
- THE STATE vs AMANULLAH 1989 P Cr. L J 191