PLD 2022 Lahore 437
Except where it has been provided either by law or by these Rules or by a special order, being exclusive prerogative of the Hon’ble Chief Justice, all the cases shall be heard and disposed of by a Judge sitting alone/Single Bench. The word “a case” (as per explanation) includes a motion application, petition, reference, suit, appeal, revision or other proceedings to be heard and disposed of by the High Court under any law in the exercise of its ordinary, extraordinary, original or appellate jurisdiction. Rule 2 further provides that except as provided by these rules, following cases will be heard by a Division Bench:
(i) Under Rule 2 (1)(i) sub-clauses (a) & (b), a regular first appeal from the decree of a subordinate court exceeding the pecuniary jurisdictional value of District Court prescribed by the Civil Courts Ordinance, 1962 (No.II of 1962) and any crossobjection to the decree and an appeal under the Land Acquisition Act if the jurisdictional value involved in the appeal exceeds the one indicated in sub-clause (a);
(ii) Under Rule 2(1)(ii)(a) an appeal or reference in a case in which a sentence of death has been passed;
(iii) Under Rule 2(1)(ii)(b) a case in which a notice has been issued to person sentenced to imprisonment or imprisonment for life requiring him to show cause as to why the sentence should not be altered to death;
(iv) Under Rule 2(1)(ii)(c) (i, ii, iii), an appeal by the Provincial Government under section 417(1) of the Code of Criminal Procedure or by the complainant under section 417(2) of the Code after grant of leave by a Single Judge or by an aggrieved person under section 417(2-A) of the Code, from an order of acquittal of a charge punishable with death or imprisonment for life.
In addition to the above, it has further been provided in sub-rule (2) of Rule 2 that (i) in any criminal matter other than one mentioned in clause (ii) of sub-rule (1), (ii) in any urgent matter connected with or relating to or arising out of the execution of a decree and (iii) in any miscellaneous matter which in his opinion requires immediate attention, a Singe Judge while sitting in the long vacation or winter holidays or when he is the only Judge available at a Bench may exercise the original and appellate jurisdiction vested in the Court. From the above it is quite obvious that Rule 2(1)(ii)(b) does not place any bar in hearing the matters by a Single Judge during the pendency of other connected matters till the notice in appeal against acquittal has been issued.
since an appeal against the judgment of acquittal under Section 417 Cr.P.C falling within the purview of Rule 2(1)(ii) of Chapter-3, Part-B of the Lahore High Court Rules and Orders (Volume V), has to be heard by a Division Bench, whereas an appeal against conviction not involving the death sentence, having arisen out of the one and the same judgment, is to be heard by a Single Bench under Rule 1 of the abovementioned Chapter and despite the difference in the principles applicable to interfere with the judgment of acquittal and that of against conviction, there remains a likelihood of conflict of opinion on the same record, which may cause prejudice to the case of either side, in case the appeal against conviction is decided prior to the decision of appeal against acquittal, therefore, to rule out such possibility I feel it to be equitable for this Court to issue a direction to the Additional Registrar (Judicial) of this Court for fixation of appeals falling within the purview of Rule 2(1)(ii)(b) ibid. before final hearing of such appeals against conviction.
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