MUHAMMAD RAZIQ vs State Ss — 2022 PCrLJ 1145 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1145 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD RAZIQ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 17; S. 193; S. 528; S. 526; S. 561-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAZIQ VS State Ss. 17 (4), 193 (2), 497, 526, 528 (1B) & 561-a---Bail application, transfer of--- acting Sessions Judge---Entrustment of cases---Principle---applicants assailed order passed by acting Sessions Judge transferring bail applications pending before one Court to other Court---Validity---Sessions Judge, under S. 17(4), Cr.P.C., where he was incapable or unavoidably absent, could entrust any urgent application to another additional Sessions Judge but did not have power and jurisdiction to withdraw the same once entrusted---Sessions Judge could entrust by general or special order under S. 193(2), Cr.P.C. any work/case to another additional Sessions Judge---at any time before the trial in any case had commenced or hearing of appeal before additional Sessions Judge, Sessions Judge under S. 528(1a), Cr.P.C., could either try the case/appeal himself or could have entrusted the same to another Court for trial or hearing, as the case might be---Where trial had commenced, power to transfer vested with High Court under S. 526, Cr.P.C.---Bail application once entrusted could not be transferred from one Court to another---High Court retained power to effect transfer in bail application under S. 561-a, Cr.P.C. and/or Constitutional jurisdiction under art. 199 of the Constitution---High Court set aside order passed by acting Sessions Judge as the same was without jurisdiction and lawful authority---application was dismissed, in circumstances.

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