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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD TAJ VS Respondent: MUHAMMAD AKHTAR And Another
Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo Title: MUHAMMAD TAJ vs MUHAMMAD AKHTAR And Another Case No.: Criminal Petition No. 116 of 1994Cr.Misc. No. 340-9/94Appeal No.65/94 Date of Judgment:1994-12-05 Reported As: 1997 SCMR 1336 Result: Case remanded
Judgment ORDER SAIDUZZAMAN SIDUIQUI, J.--The petitioner has sought leave to appeal against the order of a learned Judge in Chambers of Lahore High Court, Rawalpindi Bench, dated 25-7-1994 whereby the learned Judge while adjourning the hearing of Criminal Miscellaneous No.340/B of 1994 to 26-9- 1994 admitted the respondent to interim bail on medical ground. While the above petition was pending before this Court, the interim bail granted in the case was confirmed by another learned Judge in Chambers of that Court by order dated 18-10-1994. The petitioner consequently filed a Criminal Miscellaneous Petition in the above petition seeking permission to place on record the subsequent bail confirmation order dated 18-10-1994 and to seek leave to appeal against this order as well. When the above petition came up for hearing in Court on 22-11-1994 the following order was passed:- "Issue notice to respondent No.1 and the Advocate-General, Punjab Lahore for a date in office to show cause as to why the petition may not be converted into an appeal and allowed." In response to the above notice, the respondent as well as State Counsel have appeared and after hearing them the petition is converted into appeal and it is disposed of as follows. The interim bail in the case was granted by Ijaz Nisar, J. By order dated 25-7-1994 while adjourning the hearing of Criminal Miscellaneous No.304/B of 1994 to 26-9-1994. However, thereafter Criminal Miscellaneous No.340/B/1994 was fixed before another learned Judge of that Court (Raja Abdul Aziz Bhatti, J.) who disposed of the same by order dated 18-10-1994. It is stated before us that on 18-10- 1994 when Criminal Miscellaneous 340/13 of 1994 was fixed in Court, Ijaz Nisar, J. Was working at the principal seat of the Court at Lahore, therefore, the Cr. Misc. Was fixed before another Judge (Raja
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Abdul Aziz Bhatti, J.) at Rawalpindi Bench. Since, Ijaz Nisar, J. Was available as a Judge of that Court on 18-10-1994, the application should have been fixed before him for disposal as he had admitted the respondent No.1 to the interim bail in the case, in view of the decision of this Court in the case of State v. Zubair (PLD 1986 SC 173). We, accordingly, allow the appeal and set aside the subsequent order confirming the interim bail passed on 18-10-1994 by Raja Abdul Aziz Bhatti, J. The case is remanded to the Lahore High Court with the direction that Criminal Miscellaneous No.340/B of 1994 will be placed before Ijaz Nisar, J. For disposal according to law.