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2008 SCMR 1489

DOST MUHAMMAD vs ARSHAD JAVED, ADDITIONAL SESSION JUDGE and

Citation2008 SCMR 1489
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,857-L of 2003
Date2004-03-03
Judge(s)Nazim Hussain Siddiqui, Abdul Hameed Dogar, Faqir Muhammad Khokhar
ResultLeave refused

ORDER

' NAZIM HUSSAIN SIDDIQUI, C.J.-- The petitioner has impugned order, dated 9-12-2003 of learned Chief Justice, Lahore High Court, whereby Criminal Miscellaneous No,264-T of 2003 moved by him for transfer of the case from the Court of learned Additional Sessions Judge, Bhalwal, was dismissed.

2. Vide F.I.R. No,357 of 2003 a case under sections 302/324/ 148/149/109, P.P.C. Was registered at Police Station Bhalwal. Transfer of the case was sought on the round that one of the accused was admitted to bail by said learned Additional Sessions Judge and it raised apprehension in the mind of the petitioner that he would not get justice from said Court. The transfer application was dismissed by learned Chief Justice holding that transfer of the case was sought on "baseless allegations".

3. We heard learned counsel for the petitioner and perused the record. Simply because bail has been granted to one of the accused, this by itself is not a valid ground for seeking transfer. If the petitioner was dissatisfied with the said order, he could challenge the same before the High Court.

No ground for interference is made out.

4. In consequence, leave to appeal is refused and the petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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