Sh. MUHAMMAD HUSSAIN AND 5 Others vs THE STATE — 1963 PLD 516

Citation: 1963 PLD 516

Court: Lahore High Court

Year: 1971

Decision Date: 1971-03-26

Parties: Sh. MUHAMMAD HUSSAIN AND 5 Others vs THE STATE

Headnotes

Case cited as PLD 1963 Lah. 516

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Munir Farooqi Title: Sh. MUHAMMAD HUSSAIN AND 5 Others vs THE STATE Case No.: Criminal Miscellaneous No. 733/B of 1971 Cr. Misc. No. 8116 of 1970 Date of Judgment:1971-03-26 Reported As: 1971 P Cr. L J 1117 Result: Petition dismissed Judgment ORDER This is a petition under section 498, Cr. P. C. For admission of eight petitioners to bail before arrest in a case under sections 148, 302/326/325/149, .P. P. C. Registered against them on 23-3-1971 at Police Station Nankana Sahib, District Sheikhupura, but no compelling reasons have been shown for not approaching the learned Sessions Judge of the District in the first instance for this purpose. This practice of by-passing the lower Courts is on the increase day by day and to encourage it would be setting an unhappy precedent. Mr. Manzur Qadir, C. J., as he then was, faced with a similar situation was pleased to dismiss the petition in Nasir-ud Din Shah and another v. The State (PLD 1963 Lah. 516.) with the remarks that if this Court allows itself to be so used, it must be prepared to take over the function of considering the applications of all persons who think they are about to be arrested and running away from the police to take refuge here. In another case reported as Riaz Ahmad v. Toba Tek Singh Co-operative Mortgage Bank (1968 P Cr. L J 1940 (1)) the petitioner was also directed to move the learned Sessions Judge in the first instance. I have had the benefit of seeing a…

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