Pakistan Case Law
2005 MLD 942

Haji ABDUL REHMAN vs GUL RAIZ and another

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Citation2005 MLD 942
CourtLahore High Court
Case No.Criminal Miscellaneous No.8993/C/B of 2004
Date2004-12-07
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultOrder accordingly
Summary

This matter concerns a petition for the cancellation of bail granted to the respondent, Gul Raiz, by the Additional Sessions Judge, Lahore, on November 18, 2004, in relation to a case registered under Section 489-F of the Pakistan Penal Code 1860. The petitioner sought the cancellation of the bail on the grounds that the respondent had allegedly misused the concession of bail by threatening the complainant party. Upon review, the Lahore High Court declined to entertain the petition directly. The Court held that the petitioner must first exhaust the available legal remedies before the lower court that originally granted the bail before approaching the High Court for such relief. Consequently, the petition was disposed of with the direction that the petitioner should seek redress from the trial court in the first instance. The judgment reinforces the principle of exhaustion of lower forum remedies in matters of bail cancellation applications.

Questions settled in this judgment
  • Must a petitioner exhaust remedies before the trial court before seeking bail cancellation in the High Court?
  • Can a bail cancellation petition be entertained by the High Court if the petitioner has not first approached the lower court?
Laws & provisions referred
  • Section 489-F, Pakistan Penal Code 1860
bail cancellationmisuse of bailexhaustion of remediescriminal procedurethreats to complainant

ORDER

Seeks cancellation of bail of respondent Gul Raiz son of Muhammad Safdar allowed by Additional Sessions Judge, Lahore vide order dated 18-11-2004 in case F.I.R. No. 662 of 2004 dated 8-5-2004 for the offence under section 489-F, P.P.C. Registered at Police Station Nawan Kot, Lahore on the ground that after the grant of bail respondent is misusing the concession . Statedly he has threatened the complainant party for due consequences.

2. Let the petitioner avail his remedy before the lower Court at the first instance and if so required then to approach this Court. Disposed off.

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