NASIRUDDIN vs THE STATE AND 5 OTHERSs — 1971 PCRLJ 555

Citation: 1971 PCRLJ 555

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-20

Parties: NASIRUDDIN vs THE STATE AND 5 OTHERSs

Headnotes

Case cited as 1971 PCRLJ 555

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: NASIRUDDIN vs THE STATE AND 5 OTHERSs Case No.: Criminal Miscellaneous No. 5590 of 1969 Date of Judgment:1971-11-20 Reported As: 1971 P Cr. L J 555 Result: Case transferred Judgment ORDER In this application under section 526 of the Code of Cri--minal Procedure, preferred by one Nasir- ud-Din, in a case under sections 307, 325, 326 read with section 149 and section 148 of the Pakistan Penal Code, pending against respondents Nos. 2 to 6, in the Court of Chaudhry Nazeer Ahmad, Section 30 Magistrate, Lahore, it has been contended inter alia that after having stayed the proceedings on an application made by the complainant, the learned trial Magistrate could not grant bail to respondent No. 3, Khawaja Anwar Ahmad. In the comments sent by him, the learned trial Magistrate has tried to explain as to under what circumstances, he granted bail to the aforesaid respondent. His version is as follows:- "The factual position is that on 5-9-1969, I called the case for recording the evidence. However, no witness had turned up apart from the complainant himself and the moment I started recording his name and other particulars, he gave the notice of his intention to move the transfer application. The proceedings were consequently stayed. It is totally incorrect that before the notice -of the transfer application I asked my reader to put up the bail application. It is also incorrect that I passed the bail order and then…

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