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PLJ 2013 SC 762

RIZWAN ALI vs STATE etc

CitationPLJ 2013 SC 762
CourtSupreme Court of Pakistan
Case No.Crl. Petition No, 658-L of 2013
Date2013-07-16
Judge(s)Asif Saeed Khan Khosa, Ijaz Ahmad Chaudhry
ResultPetition allowed

ORDER

1. Asif Saeed Khan Khosa, J.--We have heard. the learned counsel for the petitioner, the learned Additional Prosecutor General, Punjab appearing for the State and Saleem Akhtar complainant in person and have gone through the record of this case with their assistance. It has been agreed between the learned counsel for the petitioner, the learned Additional Prosecutor General, Punjab and the complainant appearing in person that the principle laid down by this Court in the case of Muhammad Siddique v. The State (Criminal Petition No, 896-L of 2012) and in the case of Amir Masih u. The State and another (2013 SCM R 1059) has not been correctly applied by the learned Judge-in-Chamber of the Lahore High Court, Multan Bench, Multan to the facts of the present case vis-a-vis the present petitioner, namely Rizwan Ali. On the basis of such consensus all of them have requested that this petition may be converted into an appeal and the same may be allowed, the impugned order passed by the Lahore High Court, Multan Bench, Multan on 19.6.2013 may be set aside and the matter of the petitioner's bail may be remanded to the Lahore High Court, Multan Bench, Multan for its decision afresh on the merits of the case. In the peculiar circumstances of the case we have found the consensus between the parties to be justified because the merits of the petitioner's case for bail had never been attended to by the Lahore High Court, Multan Bench, Multan in the orders passed by (sic) in all the three successive applications filed by the petitioner for the said relief and every time such application was allowed to be withdrawn the withdrawal so sought and allowed was nothing but withdrawal simpliciter. This petition is, therefore, converted into an appeal and the same is allowed, the impugned order passed by the Lahore High Court, Multan Bench, Multan on 19.6.2013 is set aside, Criminal Miscellaneous No, 2084-B of 2013 shall be deemed to be pending before the said Court and the same shall be decided afresh after attending

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