1. ' ANWARUL HAQ, C. J.-This is a miscellaneous application on behalf of the appellant Tasadaq Hussain for recalling the judgment of this Court dated the 4th of December; 1979, in Criminal Appeal No, 94 of 1975. The applicant had challenged therein a revisional order made by the Lahore High Court on the 24th of November, 1975 by which he was ordered to be retried for offences falling under sections 409 and 420 of the Pakistan Penal Code.
2. ' When the matter was taken up by us on the 4th of December, 1979, we found that the appellant as well as his counsel were absent, whereas Mr. Riaz Ahmad, Assistant Advocate-General, Punjab, assisted by Mr. Muhammad Aslam Uns, was present for the State. We, accordingly, decided to treat the matter as a jail appeal and proceeded to dispose it of on merits. In the application under consideration it is stated by Mr. S. M Anwar, Advocate, who was to appear for the appellant, that he was seriously ill at Lahore, and had previously filed an application in the Supreme Court for the transfer of this appeal to Lahore for disposal and that subsequently he had informed- the Deputy Registrar (Judicial) of this Court that the matter may be adjourned. It is stated in the application that the counsel was not able to travel to Rawalpindi in his present state of health and as he had given information to the Deputy- Registrar (Judicial) in time, the matter should not have been disposed of finally at Rawalpindi.
3. We regret we are unable to accept the submission Made on behalf of, the appellant. When the matter came up before us on the 4th, of December, 1979, there was no information with the Registry at Rawalpindi regarding the inability, of the appellant or his counsel or even his Advocate-on- Record, to attend to this case. We are not aware of the content of the conversation which may have taken place between the Deputy Registrar and the clerk of the learned Advocate. If the learned Advocate was indisposed, we do not see what prevented the learned Advocate-on-Record and the appellant himself in moving the Court in time for an adjournment of the hearing of the case. However, the matter was not dismissed for non-prosecution, but was examined on merits with the help of the learned Assistant Advocate-General, Punjab. In the circumstances, we are not inclined to recall the order already made by us on the 4th of. December, 1979, by which the appeal in question was dismissed, and the order of retrial passed by the High Court against. The appellant Tasadaq Hussain was maintained.
4. ' As a result, Civil Miscellaneous Petition No 45 of 1979, is dismissed.