ABDUL KHALIQ vs MUHAMMAD SARWAR
This matter concerns a criminal petition arising from the cancellation of bail granted to the respondent. The court had previously ordered the respondent to deposit a sum of Rs. 80,000 into the National Cooperative Bank within one month, stipulating that failure to do so would result in the cancellation of bail. Subsequently, the court recalled this bail on 10-2-2003, citing a lack of instructions from counsel. The respondent then sought to recall the cancellation order, asserting that the original deposit order had been timely complied with. Upon review, the Supreme Court found that the respondent had indeed deposited the required amount of Rs. 80,000 within twenty days of the initial order, along with an additional amount representing interest. Finding that the condition for bail had been satisfied, the Court held that the order cancelling the bail was erroneous. Consequently, the Court recalled the cancellation order and restored the bail, emphasizing that compliance with court-mandated conditions precludes the cancellation of bail on grounds of non-compliance.
- Can a bail cancellation order be recalled if the underlying condition for the deposit of money was satisfied within the stipulated time?
- Does the timely deposit of a court-ordered sum preclude the cancellation of bail based on alleged non-compliance?
ORDER
1. ' Vide order, dated 9-1-2001 Abdul Khaliq respondent No,1 was directed to deposit an amount of Rs,80,000 in the National Cooperative Bank, Toba Tek Singh within one month failing which the bail allowed to him would stand cancelled. On the subsequent dated i,e, 10-2-2003, the aforesaid order was recalled due to lack of instructions of the learned counsel for the respondent and his bail was cancelled. The petitioner has now applied for recalling of the order dated 10-2-2003 as the order dated 9-1-2003 was duly complied with by him within the stipulated period.
2. ' We have heard the learned counsel for the parties and have gone through the record of the case.
3. Respondent has appended the copy of the receipt whereby amount of Rs,80, 000 has been deposited by him in the Punjab Provincial Cooperative Bank Ltd. On 29-1-2001 in compliance of order dated 9-1-2001 and another receipt of Rs,10,005 which was deposited by him in the same Bank on 15-10-2001 as interest of the said amount. The receipt of Rs,80,000 shows that the said amount was deposited within 20 days of the order, dated 9-1-2001 which has been complied with, therefore, the order dated 10-2-2003 regarding cancellation of the bail of the respondent is recalled.
4. ' Cr.M.A. No,167 of 2004 in Criminal Petition No,548-L of 2000 and Criminal Appeal No,71 of 2003 accordingly stands disposed of. 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.