The petitioner Iflikhar alias Doctor, who is involved in a case uncle: section 302, P.P.C. And section 17 of Ordinance VI of 1979 registered at Police Station, Mochi Gate, vide F.I.R.No.123 dated 6-9-1968, has applied for post---arrest bail. The case is presently pending in the Special Court No.11 for Speed-- Trials (Punjab) Lahore.
2. The learned counsel for the State has at the very outset taken up a legal objection that the petitioner has filed the present petition without availing of his remedy before the concerned Special Court first and if the said Court is not functioning at present, as submitted by the learned counsel for the petitioner, then in view of rule 7, of Special Courts for Speedy Trials (Punjab) Rules, 1987, the bail application could be moved before the nearest available Special Court. The learned counsel for the State submitted that the present application is not competent and be dismissed as the petitioner has not approached the nearest available Special Court.
3. When confronted with this situation, the learned counsel for the p petitioner candidly admitted this legal position. In this view of the matter, this petition is misconceived and is disposed of accordingly. The petitioner, if so advised, may move an application for bail before the nearest available Special Court in the first instance, before approaching this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.