GHULAM MUHAMMAD AND 3 OTHERS vs THE STATE — 1971 PCRLJ 4

Citation: 1971 PCRLJ 4

Court: Lahore High Court

Year: 1965

Decision Date: 1965-08-17

Parties: GHULAM MUHAMMAD AND 3 OTHERS vs THE STATE

Headnotes

Case cited as 1971 PCRLJ 4

Judgment Text

Court Name: Lahore High Court Judge(s): Gul Muhammad Khan Title: GHULAM MUHAMMAD AND 3 OTHERS vs THE STATE Case No.: Criminal Miscellaneous No. 2288 of 1965 Date of Judgment:1965-08-17 Reported As: 1971 P Cr. L J 4 Result: Petition accepted Judgment ORDER This is a miscellaneous criminal application under section 439(t), Cr. P. C. Against the order dated 10th of August 1965, of the learned Additional Sessions Judge, Jhelum, whereby he set aside the order dated 31st of July 1965, of the learned Additional District Magistrate, Jhelum granting bail to each of the four petitioners in a case registered against them under section 307/34, P. P. C. 2. The order of the learned Additional Sessions Judge is attacked both on the ground of want of jurisdiction and on merits. Learned counsel appearing for the petitioners urges that during the absence of the learned Sessions Judge, Jhelum, the Learned Additional Sessions Judge could hear only urgent applica--tions for bail and he was not empowered to hear an application for the cancellation of the bail. In this behalf, learned counsel relies upon paragraph 8 of Chapter X of High Court Rules and Orders, Volume III which provides that in the case of an un-avoid, able absence of Sessions Judge, he has to make arrangement under section 17(4) of the Criminal Procedure Code for the hearing of urgent bail applications. According to rule 15 ibid all bail applications are to be treated as urgent petitions there is, however, no provision in the…

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