This petition is moved under section 526, Cr.P.C. For the transfer of two bail petitions i.e. Kazim Hussain v. State and Muhammad Zafar Hussain v. State pending in the Court of Mr. Mumtaz Munawar Khan Niazi, learned Additional Sessions Judge, Khanewal on the ground that the accused/respondents had publicly declared that they had established contacts with the learned Additional Sessions Judge and their bails will be allowed; that they have lost confidence in the aforesaid Court because they will not get justice and that the learned Additional Sessions Judge has given his mind in open Court regarding the acceptance of bails.
2. Learned counsel for the respondents/accused has opposed the transfer application on the ground that the reasons given for the transfer of the petitions are illogical and devoid of merits. It was allegedly a device to delay the disposal of the bail petitions so that the respondents/accused may remain behind the bars for indefinite period.
3. I have considered the foregoing submission and have also gone through the parawise comments of the learned Additional Sessions Judge who has denied all the allegations levelled in the petition for transfer. He has assured that justice will be done to the parties in accordance with law.
4. The brief facts are that a case under section 324/34, P.P.C. Was registered against the respondents for causing injuries to one Muhammad Ajmal, a brother of the petitioner/complainant.
It is submitted that the injuries of the victim were so grievous that a blood vessel of right thigh had to be replaced through surgical procedure. The victim remained in hospital for 22 days but the injuries had not yet healed and another operation was expected for which a Professor of Surgery at Multan had advised to remove the injured person to Lahore for second operation. It was, therefore, submitted that there was a good ground for the transfer of the case particularly when the learned Judge was allegedly under influence of the respondents/accused and had also openly expressed his mind regarding the merits of the case.
5. It is a matter of common sense that any accused, after establishing connections with the Judge would not make it a public affair. Rather such type of contacts are kept as a hidden secret. As such, the allegation made by the complainant/petitioner that the respondent/accused were publicly declaring that they had established contacts and have also earned assurance from the learned Additional Sessions Judge that he would allow them bail, appears to be a cooked up story on its face. The other ground that the learned Additional Sessions Judge had given his mind in open Court regarding the merits of the case is denied by him. Rather his comments show that he had been trying to get the medico-legal report on record through the Investigating Officer who was withholding such record. The learned Judge had, thereupon, issued a show-cause notice and ultimately bailable warrants were issued against the Investigating Officer as he failed to produce the aforesaid medical record as summoned by the learned Judge to satisfy himself about the nature of the injuries suffered by the victim and also to decide the matter on its merits. In such a situation, it cannot be said that the learned Additional Sessions Judge had acted in adverse manner towards the complainant's side or that he, in any way, stands prejudiced. I am conscious of the fact that the justice should not only be done but it should be seen to have been done.
However, at the same time, it should be kept in mind that the judicial matters should not be transferred on the passing whims of the litigants. In the instant case, there appears to be no genuine apprehensions regarding the miscarriage of justice or injustice to any of the parties for which the learned Judge has also assured that the matter will be dealt with in accordance with law.
6. In view of the above facts, the petition is dismissed.