S. 4–Jurisdiction–Question of–Reference of Sessions Judge to High Court–Whether Suppression of Terrorist Activities Court in scheduled offences after conclusion of trial at the time of judgment can send case to ordinary court for trial for reasons that from evidence adduced by prosecution scheduled offence is not made out–Held : Such power is not available to Suppression of Terrorist Activities Judge, as Sessions Judge in original jurisdiction can only take cognizance when case has been sent to him under Section 190(3) Cr. P.C.–Transfer of case from the file of court of suppression of Terrorist Activities to Sessions Judge was without jurisdiction, and, therefore, was without lawful authority and of no legal effect–Reference answered in Negative. PLJ 1996 Cr. C. (Karachi) 1228
S. 5-A (8) read with Sect. 497/498 Cr.P.C.–Bail grant of–S. 302/324/34 Pakistan Penal Code–Plea of Alibi–Contention, petitioner was admitted in the Hospital on the day of occurrence–(Complainant through an affidavit exonerated accused) which was found correct by investigating officer–Held: Accused/Petitioner is directly charged in promptly lodge FIR–No previous enmity in between parties–No motive to falsely implicate accused–Prosecution version is supported by Medical evidence, recovery of empties–Complainant, engaging lawyer to contest bail in lower Court–This contest by complainant completely discordant with affidavit–Not proper at bail stage to make critical analysis of plea of alibi for its correctness, authenticity and believability–Offence falls within prohibitory clause of S. 497–Petition dismisse
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