MUHAMMAD ISMAIL AND 2 Others vs THE STATE AND ANOTHERs — 1970 PCRLJ 567

Citation: 1970 PCRLJ 567

Court: Lahore High Court

Year: 1969

Decision Date: 1969-08-01

Parties: MUHAMMAD ISMAIL AND 2 Others vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1970 PCRLJ 567

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Munir Farooqi Title: MUHAMMAD ISMAIL AND 2 Others vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 4 of 1969 Date of Judgment:1969-08-01 Reported As: 1970 P Cr. L J 567 Result: Case transferred JUDGMENT JUDGMENT This is application for transfer of a case under section 406/120-B/109/J4, P. P. C. Pending in the Court of E. A. C. And Magistrate 1st Class, Quetta. The learned counsel for the petitioners has raised the following conten--tions (i) that the respondent No. 2 wields lot of influence and the atmosphere at Quetta is such that the petitioners do complete justice, if the case is tried at Quetta of this allegation, the learned counsel has cited respect of the withdrawal of surety which has the subject-matter of. Criminal Miscellaneous Application of 1967, decided by this Court (Karachi on 13th March 1967. My learned brother Feroze Nana Ghulamally, J. (as he then was) was pleased to make the following observation: - "The next objection is that the application has been based on a mere apprehension. No orders have in fact been passed for the cancellation of the bond of the surety, nor indeed is there any indication so far that the surety has in fact applied for withdrawal from the security bond. If such a contingency arises, and as the offence alleged against the applicant is prima facie bailable, I presume that the trial Court before cancelling the bond of the surety, will issue notice…

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