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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NASIM AHMAD and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Sarfraz Dogar Title: NASIM AHMAD and others vs THE STATE Case No.: Criminal Miscellaneous No, 3062/B of 1988 Date of Judgment:1988-09-14 Reported As: 1989 P Cr. L J 853 Result: Bail allowed
Judgment ORDER ' Petitioners seek anticipatory bail in the case registered against them under section 307/148/149, P.P.C. At Police Station Kotwali, Sialkot City on 5-91988 on the statement of Muhammad Munir. 2. The petitioners had earlier moved the Court of Sessions for grant of anticipatory bail which was dismissed by learned Sessions Judge on 7-9-1988 on account of non-appearance of the petitioners at the time the, case was called. 3. The contention of learned counsel for the petitioners that the case was I firstly marked by the Sessions Judge to Mr. Tassawar Hussain Qureshi, Additional Sessions Judge-I, is borne out from certified copy of the application submitted to the Session Judge on behalf of the petitioners. It seems that after passing the order of transfer of application to Mr. Tassawar Hussain Qureshi, Additional Sessions Judge, learned Sessions Judge decided to hear the same himself. In these circumstances, the stance taken by the petitioners and their counsel that absence of the petitioners was due to the fact that they had gone to attend the Court of Mr. Tassawar Hussain Qureshi, Additional Session Judge and remained there till the close of day, possesses weight. The absence of the petitioners at the time of call of case by the Sessions Judge, therefore, seems to be for genuine reasons. ' In the circumstances, the earlier petition disposed of by learned Sessions Judge cannot be deemed to have been disposed of on merits nor on account of any lapses on part of the petitiOners. They may, therefore, move the Court of Sessions again, if so advised. However, in order to afford them security they are being admitted to interim pre-arrest bail till 21st September, 1988, if they furnish bail bonds in the sum of Rs, ten thousand each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Sialkot.