| Case ID |
fa01dcff-1820-4d13-ac19-989f548dc6ac |
| Body |
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| Case Number |
Criminal Miscellaneous No. 61/T of 1997 |
| Decision Date |
Jun 09, 1997 |
| Hearing Date |
|
| Decision |
The petition for the transfer of the case titled 'The State v. Muhammad Ashraf Gondal etc.' was dismissed. The court found no reasonable apprehension for transferring the case from the trial court. The apprehension expressed by the petitioner did not meet the legal standard of reasonableness. The court emphasized that mere observations or questions during the trial do not automatically justify a transfer. The court concluded that the learned Additional Sessions Judge is capable of conducting an impartial trial, and there was no evidence that would warrant a transfer of the case. The principles established in the cited case of Muhammad Nawaz v. Ghulam Kadir were reiterated, highlighting that not every unfavorable incident justifies a transfer. |
| Summary |
This case involves a petition for the transfer of a criminal case pending against Muhammad Ashraf Gondal in the Lahore High Court. The petitioner expressed concerns about the impartiality of the trial court due to a recent incident involving firing directed at the court. However, the court found that the petitioner did not demonstrate a reasonable apprehension that justice would not be served. The decision emphasized the importance of the trial court's ability to conduct a fair trial, regardless of external incidents. The legal standards for transferring a case were discussed, referencing previous case law to support the court's decision. The ruling reinforces the principle that mere allegations or incidents do not suffice to warrant a change of venue in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD AHMAD SIPRA, J
|
| Lawyers |
Muhammad Shahid Piracha,
Rana Ijaz Ahmed Khan
|
| Petitioners |
MUHAMMAD ASHRAF GONDAL
|
| Respondents |
THE STATE
|
| Citations |
1997 SLD 485,
1997 PLD 614
|
| Other Citations |
Muhammad Nawaz v. Ghulam Kadir and 3 others PLD 1973 SC 327
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947)
|
| Sections |
526,
302/34/196,
5
|