' SH. RIAZ AHMAD, C.J.---Leave to appeal is sought against an order dated 4th of July, 2003 by means of which the learned Judge of the High Court of Sindh (Bench at Sukkur) accepted the review application and by recalling the order dated 2-10-2001 set aside the remissions granted to petitioners by the Jail Authorities as well as the Provincial Government and directed that petitioners be taken into custody and remanded to jail for serving out the remaining portion of their respective sentences.
2. We have heard the learned counsel for the petitioners and the learned Additional Advocate- General Sindh and have also gone through the contents of the impugned order. Admittedly, the order sought to be reviewed had been passed by the learned Division Bench of the High Court, and therefore, in all propriety, the review arising therefrom ought to have been placed before the same Division Bench and the learned Single Judge should not have proceeded to hear and dispose of the same. It is pertinent to mention that learned Judges of the Division Bench were available, and it appears that the office of the High Court of Sindh did not bring the facts into the notice of the Worthy Chief Justice before the constitution of the Bench. In this view of the matter, we convert this petition into appeal and allow the same with the consequence and the order impugned is set aside, the case is remanded to the High Court of Sindh for the constitution of Bench for disposal of the review application in accordance with law, preferably by the learned Judges who had heard the main case earlier.
' Petition converted into appeal. Case, remanded to the High Court of Sindh.