' Nawabzada Salim Dil Khan Advocate learned counsel for the petitioner, Kh. Azhar Rashid, Assistant Advocate-General for respondent No,1/State and Khawaja Muhammad Khan, Advocate assisted by Mr. Astaghttrullah. Advocate, learned counsel for respondent No,2/Complainant present and heard.
Record of the case perused.
2. It is strange that the petitioner's bail application submitted before the Civil Judge/ Judicial Magistrate 'Peshawar (Mr. Babar Ali Khan) was withdrawn by his counsel, Mr. Gohar Rehman Khattak Advocate on 19-11-1998. The Judicial Magistrate; Peshawar, therefore, recorded the following*, order on the said date:-- "Counsel for the accusing/petitioner present, so is P.S.I. Fin the State.
Counsel for the accused stated before the Court that he wants to withdraw the instant bail petition.
His Signature to this effect has taken on border of the order sheet: ' Thus, in view of the above referred statement of learned counsel for the accused/petitioner the instant bail petition stands dismissed.
' File be consigned to the record room after necessary completion.
' Announced: (Sd.) (Babar Ali Khan)
Dt.19-11-1998 Judicial M.I.C.
Empowered U.S. 30, Cr. P.0 . Peshawar.
3. Instead of filing another application for bail, before the Civil Judge/Judicial Magistrate, Peshawar, the petitioner filed an application for bail before the Additional Sessions Judge (Mr. Muhammad Ayub Khan) Peshawar, who dismissed the same, Vide: his order dated 6-1-1998.
4. The record, however, shows that the Additional Sessions Judge did not even go through the order of the Judicial Magistrate to find out that the said order was not recorded on merits. In the circumstances the impugned order of the Sessions Judge is without jurisdiction and suffers from grave irregularity. The impugned order is, accordingly, set aside.
5. The petitioner is directed to approach the Civil Judge/Judicial Magistrate, Peshawar for the redress of his grievance by filing an application for bail, on or before 16-6-1999 who shall then decide the case on merits and thereafter the law shall take its own course.