1. MUHAMMAD YAQUB ALI , J.---This appeal is directed against the order dated 3rd December 1968; of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, granting bail to the respondents,- who are charged under section 302, P. P. C. For the murder of one Nawab of Dera Nawab, P..S. Sadder, Sargodha.
2. It was observed at the leave stage that another learned Judge of the High Court having refused bail to the respondents on 10th October 1968, it required consideration whether his order was open to review more particularly as the grounds raised in the subsequent petition were similar to the grounds urged in the former application for bail. The rule of propriety also required that the second bail application should have been referred to the learned Judge who had already dealt with this matter.
3. Since leave was granted this Court has in more than one case pointed out that as a judgment delivered in a criminal case is-not open to review under the Code, it is not proper for a learned Judge of the High Court to allow bail to an accused person who has been earlier refused bail by another Judge of the same Court. ,q It does not mean that once bail is refused by the High Court no fresh application for bail will lie. If fresh grounds have come into existence bail may be allowed, but in-such a case the rule of propriety- and harmony of the Court requires that the case be referred to the same learned Judge who had earlier refused bail.
4. In the instant case inquiry under Chapter XVIII of the Code has already been commenced and four eye-witnesses have been examined. It is regrettable that no further proceedings have taken place as the records were quite unnecessarily summoned by the Registry.
5. In the circumstances of the case, we consider it sufficient for the purposes of this case to allow the respondents to remain on bail till the conclusion of the commitment proceedings. In case they are committed to stand trial for offences punishable with death or transportation for life their bails shall stand cancelled.
6. Office will send back the records to the Inquiry Magistrate forthwith who will hear the case from day to day and complete the inquiry without further loss of time.
7. The appeal is allowed to the extent of the modification of the Order passed by the High Court as indicated above.