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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ARIF VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 981
[Lahore]
Before Sh. Ijaz Nisar, J
MUHAMMAD ARIF and others---Petitioners
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4047/B of 1993, decided on 13th December, 1993.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.395---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(6)---Bail---Grant of bail to the accused was not to be pressed if a direction was issued to the Trial Court to expedite the trial---Request being genuine was granted and the Trial Court was directed to complete the trial within a period of three months.
Pervaiz I. Mir for Petitioners.
Usman Shaukat Minto for the State.
Date of hearing: 13th December, 1993.
ORDER
Muhammad Arif, Abdul, Hamed, Muhammad Latif and Mushtaq Hussain were arrested on 19-4-1993 in case F.I.R. No.138/93, dated 14-2-1993 Police Station Shad Bagh, Lahore under section 395, P.P.C. read with sections 17(6), 79, Offence Against Property Ordinance on the allegation of stealing 80 maunds of copper wire from a factory in the presence of the persons present there.
They have applied for bail.
2. A report was called from the learned trial Court about the position of the trial. The learned Sessions Judge, Lahore has reported that the trial could not commence as Ch. Muhammad Saeed, Additional Sessions Judge, Lahore who was seized of the case has since been transferred without his substitute.
3. Learned counsel for the petitioners states that he will not press for the grant of bail to the petitioners, at this stage, provided a direction is issued to the learned trial Court to expedite the trial.
The request, being genuine, is granted.
4. The learned Sessions Judge, Lahore is directed to withdraw the case from .the Court of Ch. Muhammad Saeed, Additional Sessions Judge and either try it himself or entrust to any other Additional Sessions Judge. The trial shall be completed within a period of
three months. A copy of the judgment shall be sent to this Court through M.I.T. If the trial does not conclude within the period, mentioned above, the petitioners may again apply for bail.
The petition is disposed of with the above direction.
N.H.Q./M-1389/L Order accordingly.