SHABBIRULHASSAN vs Syed ZAHID HUSSAIN and another
This criminal miscellaneous application was filed seeking the cancellation of bail granted to the respondent-accused by the trial court. The core legal question revolved around whether bail once granted should be cancelled on the basis of an extra-judicial confessional statement allegedly made by the accused before a police official and a private witness, prior to the proper appraisal of evidence by the trial court. The Sindh High Court held that once an accused is admitted to bail, very strong circumstances are required for its cancellation, and bail cannot be revoked based on evidence that has yet to be properly appraised by the trial court at the conclusion of the trial. The court dismissed the application in limine, affirming that the trial court remains at liberty to consider bail cancellation if strong evidence subsequently emerges on the record, in accordance with settled legal principles.
- Whether an extra-judicial confessional statement alone warrants the cancellation of bail already granted to an accused?
- What degree of circumstances is required for the cancellation of bail once it has been granted to an accused?
- Can bail be cancelled on the basis of evidence that has not yet been properly appraised by the trial court?
ORDER
1. ' AZIZULLAH M. MEMON, J.---Heard learned counsel for the parties.
2. ' The. Respondent/accused was admitted to bail in this bail application vide order, dated 8th November, 2006 on the basis of the deposition of Mst. Shahana recorded by the trial Court, and further observation was recorded for not expressing any observation on the evidence recorded by the trial Court, which was likely to effect the final decision of the learned trial Court.
3. ' Learned counsel for the applicant has relied upon the extrajudicial confessional statement allegedly made by the accused/respondent No.1 before a police official and before P.W. Shabbir- ul-Hassan.
4. ' The question to be resolved by the trial Court would be as to whether, under the peculiar facts and circumstances of the case, the extra-judicial confessional statement of the accused/respondent No.1 would suffice for arriving at a definite conclusion of the offence having been committed at his hands.
5. It is a settled principle of law that once an accused is admitted to bail, then very strong circumstances need for the purpose of cancellation, of such order of grant of bail, and that the same cannot be directed on the basis of evidence which is yet to be said properly appraised by the trial Court itself at the conclusion of the trial.
6. ' There is no reason for directing to cancel the bail granted to accused/respondent No.1 and therefore, this criminal miscellaneous application is hereby dismissed in limine together with the listed application; however, the trial Court shall be at liberty to direct for cancellation of bail of the accused as and when strong evidence comes on the record of the case, for all such purposes as directed under, the settled principles of law, relevant, thereto.