RAJA SAJJAD AHMAD KHAN, J. -- Through this revision petition the petitioner seeks cancellation of bail allowed to accused respondent No, 1 by Tehsil Court of Criminal Jurisdiction, Muzaffarabad dated 14.06.2018.
2. The case was called for time and again but neither the petitioner nor his counsel appeared before the Court, which shows lack of interest on his part to prosecute the case, however, as the instant revision petition is a criminal matter, hence it cannot be dismissed for want of prosecution.
3. For the sake of brevity I am not inclined to narrate the brief facts of the case because the same has to be decided on technical ground.
4. It may be mentioned here the instant revision petition has been filed against the order of Tehsil Court of Criminal Jurisdiction, whereas application for cancellation of bail allowed to an accused by a Tehsil Court of Criminal Jurisdiction, can only be filed before District Court of Criminal Jurisdiction, therefore, the captioned revision petition is not maintainable before this Court. My this view finds support from a case reported as PLD 1992 SC (AJK)
14. In para 14 Hon'ble apex Court has held as under:--- "The scheme of the Code of Criminal Procedure, in respect of bail matter, is contained in Sections 497 and 498. The Trial Court can release a person on bail but cannot accept pre-arrest bail. The High Court and the Sessions Court have been authorized to grant bail in any case. The powers granted to these Courts can b exercised co-extensively. No such scheme is incorporated in the Islamic Tazeerati Quaneen Nifaz Act. This Act does not lay down that the Shariat Court or the District Criminal Court shall have the power of granting pre-arrest bail or that these Courts would be authorized to grant bail in any case which may not be pending with it. Section 32 of the Act does lay down that where a specific provision is not made in respect of any matter in Act then in respect of that matter Code of Criminal Procedure would apply but Code does not made any mention of the Shariat Court or the Sessions Judge. It is for this purpose that Section 8 of the Shariat Court Ordinance, reproduced above, has been enacted. This Section adequately meets the requirement of providing the necessary linkage. It is clear that the scheme of the Code of Criminal Procedure in respect of bail matters is thus fully applicable to the cases of the Islami Tazeerati Quaneen Nifaz Act. Therefore, the view expressed by (sic) Khan, J. --correctly lays down the law on the subject."
In view of the above, the instant revision petition is not maintainable which is hereby dismissed.