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Petitioner: SARDAR BIBI VS Respondent: The STATE
Court Name: Lahore High Court Judge(s): Dr. Javed Iqbal Title: SARDAR BIBI vs The STATE Case No.: Criminal Miscellaneous No, 240/M of 1983 Date of Judgment:1983-04-17 Reported As: 1984 P Cr. L J 1407 Result: Petition disposed of
Judgment ORDER This is an application under section 491 (1)(e), Cr. P. C. For transfer of the convicts namely, Ziafat Panah and Mumtaz Ali Matti, from the Central Jail, Faisalabad to the District Jail, Sargodha, during the pendency )f their appeal in the High Court at Lahore. The application has been moved by Mst. Sardar Bibi petitioner, mother of Mumtaz Ali Bhatti convict and aunt of Ziafat Panah convict. It is stated that the aforesaid convicts were tried at Sargodha by the Sessions Judge for offences under section 302/109/129-B/34, P. P. C. Ziafat Panah convict was sentenced to death whereas Mumtaz Ali Bhatti convict was sentenced to life imprisonment. It is submitted that originally the convicts are residents of Sargodha and their appeal as well as the connected Murder References are at present pending in the High Court at Lahore. It is argued that since the appeal is in continuation of the trial the petitioner in the instant case is a close relative of the two convicts and it would cause a great deal of inconvenience to her if she were to go to visit the convicts at the Central Jail, Faisalabad. It is, therefore, prayed that the convicts be transferred from the Central Jail, Faisalabad to the District Jail, Sargodna, until the disposal of their appeal in the High Court at Lahore. Learned counsel in support of his argument has placed reliance on Mst. Said Bibi v. The State and Cr. Misc. No, 354/M- 81 titled Mst. Sabran Bibi v. The State, decided by me on 5-5-1981. Learned Assistant Advocate- General concedes that this Court has the powers to transfer convicts from one jail to another during pendency of appeal of the said convicts. Since this is the position I hereby direct the jail authorities to transfer Ziafat Panah and Mumtaz Ali Bhatti convicts from the Central Jail, Faisalabad to the District Jail, Sargodha and they should remain confined to the same until the disposal of their appeal in the High Court at Lahore. 2. With these observations this petition is disposed of.1