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Petitioner: Haji MUHAMMAD BASHIR VS Respondent: THE STATE and another
Court Name: Lahore High Court Judge(s): Mian Mahboob Ahmad Title: Haji MUHAMMAD BASHIR vs THE STATE and another Case No.: Criminal Miscellaneous No. 17/T of 1983 Date of Judgment:1983-03-28 Reported As: 1987 P Cr. L J 1225 Result: Case transferred
JUDGMENT
JUDGMENT This petition under section 526, Cr.P.C. Seeks the transfer of an application for cancellation of bail presently under adjudication before Mr. Saleem Akhtar Khan, Additional Sessions Judge, Gujranwala, filed by respondent No. 2 against the petitioner in a case registered against the latter vide F.I.R. No. 312, dated 21-10-1982 with Police Station Saddar Wazirabad, District Gujranwala. 2. The learned counsel for the petitioner contends that the mode adopted by the learned Additional Sessions Judge for deciding the application for cancellation of bail, especially the summoning of the Magistrate who granted the bail to appear in person, is very extraordinary and it has caused a genuine apprehension in the mind of the petitioner that he will not have a fair chance in the adjudication of the matter at the hands of the Court now seized of the same. 3. The learned counsel appearing for the State submits that he has no objection to the transfer of the matter. 4. The learned counsel for respondent No. 2 contends that the present petition is only intended to delay the proceedings and that the learned Additional Sessions Judge, seized of the matter, is dealing with the same in accordance with law. He, however, submits that he will have no objection to the transfer of the case as the only anxiety of respondent No. 2 is the early disposal of the application filed by him and that in case this petition is to be accepted, the transferee Court should be directed to dispose of the application for cancellation of bail within a week. 5. Having considered the controversy, I am of the view that it will be in the interest of all the parties that the present petition be accepted, as it will not only redress the grievance of the petitioner but will also obviate the possibility of delay in disposal of the matter regarding which respondent No. 2 has shown his apprehension. Accordingly, I direct that the application for cancellation of bail filed
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by respondent No. 2 against the petitioner and pending adjudication before Malik Saleem Akhtar Khan, Additional Sessions Judge, Gujranwala, be withdrawn from his Court and entrusted to the learned Sessions Judge, Gujranwala, for adjudication in accordance with law. The learned Sessions Judge is directed to finally decide the said application within ten days from the date of this order and report compliance to the Registrar of this Court.