MUHAMMAD SHAFIQ vs MUHAMMAD MIR KHAN and 3 others
This criminal revision petition was filed seeking the cancellation of bail granted to the respondents by the Sessions Judge, Lakki, in a murder case registered under FIR No. 29 of 2003 at Police Station Naurang. The primary grievance of the petitioner was that the bail was granted without providing the mandatory notice to the complainant party. The core legal question was whether the failure to issue notice to the complainant in a murder case at the bail stage constitutes a valid ground for the cancellation of bail. Upon review, the Court found that the record supported the petitioner's contention. It held that established legal principles require notice to be served upon the aggrieved or complainant party during bail proceedings in murder or hurt cases. Consequently, the Court recalled the bail order granted by the Sessions Judge, noting a persistent failure by the lower court to adhere to this settled proposition of law. The bail application was remanded to the Additional Sessions Judge, Lakki Marwat, for a fresh decision after hearing both parties.
- Is it mandatory to issue notice to the complainant party before granting bail in a murder case?
- Can a bail order be cancelled if the trial court failed to issue notice to the complainant?
- Does the failure of a trial court to follow settled legal propositions regarding bail notice justify the recall of a bail order?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' Cancellation of to respondents, namely, Muhammad Mir Khan, Shafiq-ur-Rehman and Sher Zaman in case F.I.R. No,29, dated 12-2-2003 of Police Station Naurang under section 302/34, P.P.C. Is sought mainly on the ground that the learned Sessions Judge, Lakki, has granted bail to the respondents without notice to the complainant.
2. Perusal of the record does support the grievance of the petitioner. It is by now well-settled that in murder/hurt cases notice is to be given to the aggrieved/complainant party even at bail stage.
Long ago in case of Abdur Rahim v. Khan Faraz and others dated 6-4-2002, the by the same Sessions Judge, Lakki was cancelled on the ground that notice was not given to the complainant and injured party. It appears that the learned Sessions Judge is still following his own notion and has turned blind eye to the settled proposition of law. The to the respondents is hereby recalled and the bail application submitted by them is entrusted to the learned Additional Sessions Judge, Lakki Marwat, where the learned counsel for both the parties undertake to appear on 25-10-2003 and after hearing either side should decide the case in accordance with law. The application stands accepted.
Bail cancelled. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.