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K.L.R. 1999 Criminal Cases 474

ABBAS ALI vs KAMRAN Alias RANOO And Other

CitationK.L.R. 1999 Criminal Cases 474
CourtLahore High Court
Case No.Criminal Miscellaneous No. 726/B/C/98
Date1998-05-15
Judge(s)Falak Sher
Resultbail grant

ORDER FALAK SHER, J.- Kamran alias Ranoo conjunctively with the co-accused Qamar & Shafqat Ali @ Shauka respondents Nos. 1 to 3 herein of the case registered vide FIR No. 349 of 29.9.1996, under Sections 302/34 PPC read with Section 12 of the Offence of Zina (Enforcement of Hudood)

Ordinance 1979, at Police Station Tattlay Aali District Gujranwala subsequent to the rejection of his bail petition Cr. Misc. No. 2098-3/97 on 8,5.1997 for want of prosecution preferred Cr. Misc. No. 2226- B/97 and withdrawing the same with a view to moving the Sessions Court acclaiming emergence of certain new facts on 7.7.1997 moved the Sessions Court without divulging factum thereof on the next day though a hand-written note to that effect appears to have been subsequently inserted at the tail end of the application which was allowed by another Additional Sessions Judge than the one who had previously declined the same, subsequent whereto the remaining two respondents also followed the suit, aggrieved whereby the petitioner complainant of the case a sought cancellation thereof which didn't find favour with the Sessions Court; resultantly, the present petition was instituted.

2. Wherein, the respondents didn't respond to the notices despite service under registered cover A/D in addition to telegraphic communication and ordinary process; consequently, their presence was secured through the local police on 23.4.1998 which though initially did mature into reality with their putting in appearance alongwith the counsel on 5.5.1998, when the case was adjourned for today since the connected bail petitions were not traceable which resurfaced, but have again opted out of the proceedings whose learned counsel pleads lack of contact and instructions which conduct hasn't been approved of being an abuse of the Court process; resultantly, the respondents' bail granting orders are hereby recalled.

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