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PLD 1978 Lahore 922

SAJJAD HUSSAIN vs THE STATE

CitationPLD 1978 Lahore 922
CourtLahore High Court
Case No.Criminal Miscellaneous No, 4743/B of 1977
Date1978-01-14
Judge(s)Gulbaz Khan
ResultPetition allowed

ORDER

1. ' A report was called for from the learned Sessions Judge and it has been reported that an order was passed that the accused would be summoned when the case would be fixed for trial and till then they would remain in Jail. It is evident from the report that the case stands adjourned sine die.

2. It has been held in cases titled Kehr Singh v. Mst. Kirpal Kaur (1), Emperor v. Mohammad Ebrahim and others (2), Tarachand Gehimal v. Emperor (3) and Agha Nazir All Sultan Mohammad v.

3. Emperor (4) that the cases' cannot be adjourned sine die. The provisions of section 344, Cr. P. C. Are not being complied with and the learned Sessions Judge committed illegality in adjourning the case sine die. The petitioner is in judicial lock-up without any valid remand order. His detention is illegal. He is admitted to bail in the sum of Rs, 10,000 with two sureties in the like amount to the satisfaction of A. C., Jaranwala.

(1) AIR 1942 Lah. 265 (2) AIR 1942 Cal. 219

(3) AIR 1932 Sind 214 4) AIR 1941 Sind 186

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