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1994 MLD 1773

Rana WILLAYAT ALI vs THE STATE

Citation1994 MLD 1773
CourtLahore High Court
Case No.Criminal Miscellaneous No, 1619/M of 1993 Criminal Miscellaneous No, 1585-
Date1993-11-30
Judge(s)Mian Mahboob Ahmad
ResultBail petition transferred

ORDER

' The learned counsel for the petitioner has today cleared the position regarding the filing of Criminal Miscellaneous No, 1149-B of 1993. It is submitted by him that initially the petitioner filed Criminal Miscellaneous No,1149-B of 1993 at Multan, which was heard by my brother Ausaf Ali Khan, J. While sitting at Multan as vacation Judge. He disposed of the petition by his order dated 21-8- 1993. Thereafter, the petitioner moved a petition before the trial Court but on rejection thereof under a misunderstanding filed Criminal Miscellaneous No, 632-B of 1993 directly at Bahawalpur where my brother Ausaf Ali Khan, J. Is sitting as the nominated Judge. This petition was disposed of by my brother Ausaf Ali Khan, J. On 11-10-1993 observing that the petition cannot be directly entertained at Bahawalpur and will have to be routed through the Chief Justice. It is further submitted that the petitioner made Criminal Miscellaneous No,1480-M of 1993 at the Principal Seat alongwith which he annexed a bail petition. The said Criminal Miscellaneous No,1480-M of 1993 was disposed of by me on 26-10-1993 as the petition had to be first filed before the appropriate Bench before it could be directed to be heard at some other Bench or the Principal Seat. That application was accordingly withdrawn and consequently the petitioner made a fresh petition for bail (Criminal Miscellaneous No, 1585-B of 1993) at Multan. In view of the dictum of Supreme Court of Pakistan in Zubair's case, the learned counsel states that B since this bail petition can only be heard by my brother Ausaf Ali Khan, J., the same may be transferred from Multan to Bahawalpur Bench as my brother is holding Court there.

2. The petition, in the circumstances narrated above, is allowed and it is directed that record of Criminal Miscellaneous No, 1585-B of 1993 (Multan) be transmitted to Bahawalpur Bench so as to be listed there before my brother Ausaf Ali Khan, J. On 8th December 1993. The record of Criminal Miscellaneous No, 1149-B of 1993 (Multan) shall also be sent alongwith so as to be available at the time of hearing of the present bail petition at Bahawalpur.

' Copy of the order be given dasti on payment of usual charges.

Bail petition transferred.

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