MUHAMMAD MAZE ALI, J.--- This application under section 561-A, Cr.P.C. Has been presented on behalf of Riaz Hussain, the applicant/accused, whose bail application under section 498, Cr.P.C.
Has been rejected by me vide order, dated 5-8-1990. It is requested in this application "that due to the detailed observations made in the Order of this Court, difficulties will arise in the way of applicant in repeating bail application subsequently before the Trial Court." It is further requested that a direction be given to the learned trial Court not to be influenced or impressed by any of the observations made by this Court at any subsequent stage while deciding the bail application of the applicant. It is further prayed that a direction be given to the Court below to examine complainant within specified time so that applicant may repeat his bail application before the learned trial Court.
2. I have heard Mr. Gul Zaman Khan, Advocate for the applicant as well as Mr. Salman Ansari, Advocate for the State.
3. The apprehension as expressed in the application and pressed before me by the counsel for the applicant is wholly imaginary than real. Firstly, it is mentioned in the order itself .That the view .Expressed therein is of a tentative nature. Besides, there is a catena of authorities on the point that the trial Court has to decide the cases on the basis of the evidence and material brought on record without being influenced by the tentative observations or assessments made in the orders of superior Court while disposing of the bail applications.
4. In so far as the second above noted prayer is concerned, it also deserves to be repelled for the reasons, firstly, that no such request was made on behalf of the applicant/accused at the hearing of bail application and, secondly, it being recent case of March, 1990 only, and there did not exist any expediency to allow this case to have precedence over other large number of old cases pending for disposal before the trial Court. The direction regarding recording the evidence of certain witnesses or to decide the case within some given time is given only when it is deemed necessary so to do in the facts and circumstances of the case for proper dispensation of justice. It was not found necessary to do so in the instant case while disposing of the bail application.
5. In the result, the application is dismissed.