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    Zubair's Case 0

    Uploaded by

    Muhammad Irfan Riaz
    1) The document discusses bail applications in criminal cases heard by judges in the High Court of Pakistan. 2) It establishes the principle that any second or subsequent bail application in the same case should be heard by the same judge who heard the first application. Hearing subsequent applications from the same accused by a different judge would amount to a review of the first judge's order. 3) The document also discusses requirements that any grounds for a subsequent bail application must be new and could not have been raised in the first application. It cancels the bail granted to 5 respondents in one case based on the principles discussed.

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    © All Rights Reserved
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    Zubair's Case 0

    Uploaded by

    Muhammad Irfan Riaz
    311 views7 pages
    1) The document discusses bail applications in criminal cases heard by judges in the High Court of Pakistan. 2) It establishes the principle that any second or subsequent bail application in the same case should be heard by the same judge who heard the first application. Hearing subsequent applications from the same accused by a different judge would amount to a review of the first judge's order. 3) The document also discusses requirements that any grounds for a subsequent bail application must be new and could not have been raised in the first application. It cancels the bail granted to 5 respondents in one case based on the principles discussed.

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    Zubair Case

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    Zubair's_Case_0

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    1) The document discusses bail applications in criminal cases heard by judges in the High Court of Pakistan. 2) It establishes the principle that any second or subsequent bail application in the same case should be heard by the same judge who heard the first application. Hearing subsequent applications from the same accused by a different judge would amount to a review of the first judge's order. 3) The document also discusses requirements that any grounds for a subsequent bail application must be new and could not have been raised in the first application. It cancels the bail granted to 5 respondents in one case based on the principles discussed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    311 views7 pages

    Zubair's Case 0

    Uploaded by

    Muhammad Irfan Riaz
    1) The document discusses bail applications in criminal cases heard by judges in the High Court of Pakistan. 2) It establishes the principle that any second or subsequent bail application in the same case should be heard by the same judge who heard the first application. Hearing subsequent applications from the same accused by a different judge would amount to a review of the first judge's order. 3) The document also discusses requirements that any grounds for a subsequent bail application must be new and could not have been raised in the first application. It cancels the bail granted to 5 respondents in one case based on the principles discussed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 7

    The State Through Advocate General, N.W.F.P.

    Versus
    Zubair and 4-Others
    PLD 1986 Supreme Court 173
    Present: Aslam Riaz Hussain, Muhammad Afzal Zullah

    and Mian Burahanuddin Khan, JJ

    By
    Qaiser Javed Mian
    Director Research/Faculty Member,
    Punjab Judicial Academy, Lahore

    S.497/498 Penal code (XLV of 1860),


    Ss. 302, 307, 148 & 149 Bail Second
    or subsequent bail application by same
    accused heard and dealt with by a Judge
    of High Court other than the one who had
    heard previous bail application Violation
    of salutary and well-established principle
    When a bail application of one or more
    accused is heard by a Single Judge of
    High Court, it is he alone who should also
    hear all subsequent bail applications filed
    by same or other accused in the same
    case or the cross-case.

    S.497/498 Successive bail applications


    Subsequent bail applications must be placed
    before same Judge who had dealt with first
    bail application Counsel must disclose fact
    of having filed previous application and to
    state result thereof.
    Subsequent bail application must be placed
    for disposal before the same learned Judge
    who had dealt with the first bail application
    and also that the counsel must disclose the
    fact of having filed a previous application to
    state the result thereof.

    If at the relevant time the first Judge is holding


    Court at a Bench other than the one where the
    first bail application was filed, it can always be
    transferred to that Judge, wherever he is sitting.
    There would, of course, be cases where it is
    absolutely impossible to place the second or the
    subsequent bail application of the same
    accused, or in the same case. In such cases, the
    Chief Justice of the concerned High Court, may
    order that it be fixed for disposal before any
    other Judge of that Court.

    The second or the subsequent bail application to the


    same Court shall lie only on a fresh ground, namely a
    ground which did not exist at the time when the first
    application was made. If a ground was available to the
    accused at the time when the first bail application was
    filed and was not taken or was not pressed, it cannot be
    considered as a fresh and made the basis of any
    subsequent bail application. The mere fact that the
    Judge who had rejected the first bail application with the
    observation that as far as the remaining petitioners are
    concerned no case had been made out for their release
    on bail, does not mean that the application had not been
    disposed of on merits. It must be assumed that he had
    considered all the pleas or grounds raised by the
    applicants counsel before him and that the same had
    not found favour with him. The notion that each
    contention raised before the Court in a bail application
    must be dealt with separately or repelled by recording
    elaborate reasoning, is totally misconceived.

    S.497/498 Bail Subsequent bail


    application Second or subsequent bail
    application by same accused in same
    case heard or dealt with by a Judge other
    than the one who had heard previous bail
    application, held, would tantamount to
    embark on a review of order of Judge who
    had earlier dealt or decided first bail
    application Practice disapproved by
    Supreme Court.

    In the light of the above discussion it is not


    possible for us to uphold the impugned
    judgment. Petition for leave to appeal is
    accordingly converted into appeal and
    allowed and the bail granted by the
    learned Judge on 27th of July, 1985, to
    respondents Nos.1 to 5 is consequently
    cancelled. They shall surrender to lawful
    custody in pursuance of this order failing
    which they shall be taken into custody and
    put under arrest by the law enforcing
    agency.

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