BASHUMAL vs THE STATE and another
This petition for leave to appeal, converted into an appeal, arises from an order of the High Court of Sindh whereby the bail granted to the petitioner was cancelled due to allegations that he issued threats and used abusive language within the court premises. The core legal question concerns whether the High Court was justified in cancelling the appellant's bail without affording him an opportunity to rebut the allegations and in the absence of credible material establishing the misuse of bail. The Supreme Court held that the High Court erred in recalling the bail without proper inquiry or satisfactory material, thereby setting aside the impugned order. The key principle laid down is that bail once granted cannot be arbitrarily cancelled or recalled without providing the accused an opportunity of rebuttal and without placing plausible, satisfactory, and credible material on record to substantiate the grounds for cancellation.
- Whether bail once granted can be cancelled without providing an opportunity to the accused to rebut allegations of misuse?
- What constitutes sufficient material for the cancellation or recall of bail?
- Can bail be recalled on oral allegations of misconduct within court premises without inquiry?
ORDER
' ABDUL HAMEED DOGAR, J.--- This petition for leave to appeal is directed against the order dated 4- 10-2006 of a learned Judge in Chambers of the High Court of Sindh, Karachi, whereby Bail Application No,407 of 2006 filed by petitioner was dismissed.
2. The bail granted to petitioner has been cancelled by the learned High Court on the allegation that petitioner issued threats to the A complainant in the Court premises and used abusive language and thus, misused the concession of bail. In consequence whereof, his bail was recalled and he was taken into custody and sent to jail.
3. We have heard learned counsel for petitioner as well as the learned Additional Advocate- General Sindh who concedes to grant of bail to the petitioner.
4. Learned counsel for the petitioner submitted that the learned High Court did not provide an opportunity to the petitioner to rebut and deny the allegation of misuse of the concession of bail and passed the order of cancellation of bail in great haste without observing the requirements for cancellation of bail. He further submitted that bail once granted cannot be cancelled or recalled unless plausible, satisfactory and credible material is placed on record to establish one or more than one ground on which bail can be cancelled and that in the case in hand there no material was available on the basis of which it could be said that the petitioner had misused the concession of bail.
5. Accordingly, petition is converted into appeal and allowed and appellant Bashumal is admitted to bail in the sum of Rs,2,00,000 .(Rupees two lac) with one surety in the like amount to the satisfaction of trial Cour.
Cited by 1 case
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