' This is an application for the cancellation of to Sajwar respondent by Ch. Anwar Ali, Sessions Judge, Okara on 7-9-1988 in a case under section 148/307/149, P.P.C. For murderously assaulting Abbas P.W. Alongwith 4 others.
2. The main ground urged for the cancellation is that the respondent had moved for pre-arrest bail on 11-8-1988 which was dismissed for non-prosecution by Mr. Javaid Nawaz, Additional Sessions Judge-I, Okara on 25-8-1988. On the same day he moved a fresh application for bail which was heard by the learned Sessions Judge, Okara who granted him interim bail and later confirmed it on 7-9-1988.
3. It is contended that the respondent suppressed the fact of dismissal of earlier bail application by the learned Additional Sessions Judge-I, Okara while submitting second bail application as also the fact that he was armed with a sota and on the contrary stated that he was empty-handed.
Though the factum of dismissal of his earlier bail application was brought to the notice of learned Sessions Judge but he did not pay any heed to it.
4. A report was called from the learned Sessions Judge, Okara in this behalf. He has denied that it was brought to his notice that the petition had been earlier heard and disposed of by the learned Additional Sessions Judge-I, Okara, He has, however, tried to justify the order passed by him in view of the law laid down in Umed All v. The State PLD 1987 Kar.
372. In the said case also it was laid down that normally second bail application should also be heard by the same Court but the matter stands finally resolved by Zubair's case PLD 1986 SC 173 where the practice of entertaining and disposal of second/subsequent bail application by another Court has been disapproved. The learned Sessions Judge should have directed the office to put up the first bail application before him while entertaining the second application because in para 8 it was clearly stated that the earlier application had been dismissed in default.
' In view of the above circumstances and the rule laid down in Zubair's case the petition is granted and the to Sajwar respondent by the learned Sessions Judge is cancelled. He may apply for bail to the Court of Sessions in which case application shall be disposed of by Mr. Javaid Nawaz, Additional Sessions Judge-I, Okara who had earlier dealt with the matter and is still posted at Okara. .