لاھور ہائیکورٹ نے میاں محمد شہباز شریف کی ضمانت کا تفصیلی فیصلہ جاری کر دیا

 لاھور ہائیکورٹ نے میاں محمد شہباز شریف کی ضمانت کا تفصیلی فیصلہ جاری کر دیا۔

28 صفحات پر مشتمل تفصیلی فیصلہ جسٹس علی باقر نجفی نے تحریر کیا ھے

This Full Bench constituted, under Rule (5) Chapter 4, Part-H of High Court Rules and Orders Volume-V read with section 378 of Code of Criminal Procedure, by the Hon’ble Chief Justice as Referee Judges after when the Justice Sardar Muhammad Sarfraz Dogar and Justice Asjad Javaid Ghural could not reach on consensus in the matter of grant of post arrest bail to the petitioner as the senior member of the Division Bench granted the post arrest bail and the other member refused. Rule (5) of Chapter 4, Part-H of High Court Rules and Orders Volume-V and section 378 of Code of Criminal Procedure, 1860 are reproduced as under:-

Rule (5) Chapter 4, Part-H of High Court Rules and Orders Volume-V

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“When an appeal is heard by a Bench consisting of two Judges and the Judges composing the Bench being equally divided in opinion as to the decision on a point, state that point for reference to another Judge or Judges under clause 26 of the Letters Patent, the case shall be heard on that point by one or more Judges to be nominated by the Chief Justice. The Chief Justice may be such other Judge or one of such other Judges”.

378 Cr.P.C.

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“Procedure in case of difference of opinion. When any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge, and such Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgement or order shall follow such opinion.”

WP=20793/21
Mian Muhammad Shahbaz Sharif Vs NAB through its Chairman etc
Mr. Justice Ali Baqar Najafi
22-04-2021
2021 LHC 1006