| Case ID |
1ad357d1-6525-4f97-9bf0-05a80fc3caf0 |
| Body |
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| Case Number |
Criminal Miscellaneous Petition No. 712 of 1952 |
| Decision Date |
Nov 17, 1952 |
| Hearing Date |
|
| Decision |
The application for cancellation of bail was evaluated and it was determined that the orders of bail granted by both the Additional Sessions Judge and the District Magistrate were illegal. The Additional Sessions Judge did not have the authority to grant bail under section 498 of the Criminal Procedure Code unless assigned by the Sessions Judge. Additionally, the District Magistrate acted beyond his jurisdiction when he granted bail in the absence of the Additional Sessions Judge, whose powers were not properly delegated. Therefore, the bail granted to the respondents was cancelled as neither officer was competent to admit the respondents to bail. |
| Summary |
In the Lahore High Court case of Criminal Miscellaneous Petition No. 712 of 1952, the court addressed the legality of bail granted to several respondents by the Additional Sessions Judge and the District Magistrate. The key issues revolved around jurisdiction and authority under the Criminal Procedure Code (V of 1898), particularly sections 17 and 498. The court found that the Additional Sessions Judge did not have the proper designation to grant bail without a specific order from the Sessions Judge. Furthermore, the District Magistrate's actions were deemed illegal as the Sessions Judge was present, making the delegation of authority to the District Magistrate inappropriate. The ruling emphasized the strict adherence to procedural law in matters of bail, ensuring that only designated authorities can grant such relief. This case highlights the critical importance of jurisdiction and proper legal procedure in the criminal justice system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C. J.
|
| Lawyers |
Jamil Hussain Rizvi,
Muhammad Amin Khan
|
| Petitioners |
Jamil Hussain Rizvi
|
| Respondents |
Allah Ditta,
GHULAM,
Shahu,
Waryam,
Ghulam son of Salehon,
Ghulam son of Jiwana,
Jiwana son of Majhi
|
| Citations |
1953 SLD 59,
1953 PLD 110
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
17(4),
17,
9(3),
498
|