By way of this application, a direction has been sought for fixation of the titled criminal appeal, before a learned Single Bench.
2. It is contended that the appeal, relate s to the judgment dated 28.01.2015, of the learned Additional Sessions Judge, Bahawalpur , towards imprisonment for life, to the petitioner , hence it is proceedable before a learned Single Bench. Therefore, its fixation before the Division Bench is totally unjustified.
3. To know the reason for fixation of the appeal, before the Division Bench, a report has been sought from the office and submitted, with the contentions that as another matter i.e. Criminal Appeal No. 86 of 2015, against acquittal, arising out of the above said judgment, being competent before a Division Bench is pending here, hence the appeal in question has been posted before this Court as Division Bench.
4. It has been observed that besides the above said appeals (Criminal Appeals No. 36 & 86 of 2015), a Criminal Revision Petition No. 37 of 2015, arising out of the same judgment is also pending before a learned Single Bench.
5. The point for determination is, whether all the matters, arising out of the same judgment, should be fixed before and decided by one forum or otherwise. According to Rules and Orders of the Lahore High Court, Lahore, Volume V, Chapter-3, Part B, an appeal of acquittal, in a charge of murder is to be fixed before a Division Bench.
The said provision reads as under: - "JURISDICTION OF A SINGLE JUDGE AND OF BENCHES OF THE COUR T.
1. Save as provided by law or by these rules or by a special order of the Chief Justice, all cases shall be heard and disposed of by a Judge sitting alone.
Explanation. - A case includes a motion application, petition, reference, suit, appeal, revision or other proceedings to be heard and disposed of by the High Court under any law in the exercise of its ordinary , extra-ordinary , original or appellate jurisdiction.
2. (1) Save as provided by these rules, the following cases shall be heard and disposed of by a Division Bench:-
(i) (a) .......
(b) .........
(ii) (a) An appeal or reference in a case in which a sentence of death has been passed.
(b) A case in which a notice has been issued to person sentenced to impriso nment or imprisonment for life requiring him to show cause as to why the sentence should not be altered to death.
(c) An Appeal by-
(i) The Provincial Government under section 417(1) of the Code of Criminal Procedure, or
(ii) The complainant under section 417(2) of the Code after grant of leave by a Single Judge, or
(iii) an aggrieved person under section 417(2-A) of the Code. from an order of acquittal of a charge punishable with death or imprisonment for life.
(2) ............
(i) .............
(ii) ............
(iii) ...........
3. .............
(a) ...........
(b) ..........
4. ............
4-A (i) .....
(ii) ...........
5. ............
6. ............
7. ............"
6. From the above mentioned rule, it is clear that in criminal matters, except cases mentioned under Sub Rule 2(1), all others shall be heard by a learned Single Bench.
7. There is no denial to the proposition of law that one forum should ad-judge a judgment pronounced by a subordinate court and challenged through different modes i.e. appeals or revisions, so that any contradictory opinion may not arise. In this regard, the case law titled Mst. Khurshid Begum Vs. Dr. Muhammad Rafiq and others reported as 1984 PCr .L.J 1530 , is very much clear which precisely concludes as under:- "The practice generally adopted by Crimi nal Courts is to hear all appeals and revision petitions arising out of the same judgment together and to pronounce judgment in these cases together ."
8. In the situation in hand, the above mentioned principle that one forum should ad-judge a judgment of a subordinate court and challenged through different modes, would only be applicable, if an appeal against acquittal, filed under Section 417 of Code of Crim inal Procedure, 1898 is admitted for regular hearing and notice(s) to acquitted accused is/are, issued. Prior to that, the respective matters shall proceed in respective forums.
9. Consequently , it is held that, till happening of the above mentioned occasion i.e. admission of the above mentioned appeal, against acquittal and issuance of notice to acquitted accused, the titled appeal is proceedable before a learned Single Bench.
10. Resultantly , the application in hand is allowed and request made therein for sending the titled appeal to the learned Single Bench is accorded .