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1996 MLD 1894

NAZAR MUHAMMAD And Another vs THE STATE And Another

Citation1996 MLD 1894
CourtLahore High Court
Case No.Criminal Revision No.40 of 1996
Date1996-03-28
Judge(s)Ihsan-ul-Haq Chaudhry
ResultCase transferred

ORDER

Record has been received

2. Respondent No.2 remained unserved. According to the A.S.I. He was snot available.

3. Learned A.A.-G. Very frankly submitted that it is very difficult to defend this order. In this view of the matter the impugned order is suspended. The result is that the bail grant order holds the field.

The revision to come up for arguments on 22nd of April 1996.

4. The perusal of the record shows that the application for cancellation of the bail was filed on 8th of February 1996, notice was issued and record was requisitioned for 28th of February, 1996. The petitioners appeared but the record had not been received, therefore, the matter was adjourned to 19th of March, 1996. It was on this date that the learned Sessions Judge after referring to the injuries proceeded to observe that the ball grant order deserves serious arguments and adjourned the application to 14th of May, 1996, and in the meanwhile directed the petitioners to be taken into custody to face the trial of this application. It is clear from the file that the learned Sessions Judge did not exercise his jurisdiction in accordance with law and the petitioners now genuinely apprehended that they would not get justice from the said Court. In this view of the matter, in exercise of suo motu powers, the application for cancellation of bail titled. Liaquat Ali v.

Muhammad Sharif etc, is withdrawn from the Court of Sessions Judge, Khanewal and is made over to Malik Azharul Haq, Additional Sessions Judge, Khanewal, who is directed to decide the application expeditiously in any case within 15 days. The petitioners shall appear before the transferee Court on 4-4-1996 while Saleem Ahmad, A.S.I. Is directed to ensure that the complainant is served for 4-4-1996 for his appearance before the transferee'Court. The record to be transmitted today.

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