GHULAM SARWAR RIND vs SALEEM RIND and another
This is a criminal application under Section 497(5) of the Code of Criminal Procedure 1898 seeking the cancellation of bail granted to the respondent by the Trial Court in a case registered under Sections 324, 337-H(2), 147, and 148 of the Pakistan Penal Code 1860. The core legal question was whether the bail granted to the respondent by the Trial Court suffered from any illegality or perversity warranting its cancellation. The Sindh High Court held that the Trial Court had rightly assessed the material tentatively on merits and that the respondent had remained in continuous custody for more than eleven months. Consequently, the High Court dismissed the bail cancellation application, affirming that bail once granted on sound principles does not warrant interference without strong and exceptional grounds.
- Whether bail granted by a trial court can be cancelled under Section 497(5) of the Code of Criminal Procedure 1898 without proof of illegality or perversity in the bail-granting order?
- Does continuous incarceration for a significant period constitute a valid ground for sustaining post-arrest bail?
- Is tentative assessment of material by a trial court a sufficient basis for granting bail in non-bailable offences?
- Section 497(5), Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 337-H(2), Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
ORDER
' KHADIM HUSSAIN M. SHAIKH, J.---By this application under section 497(5) Cr. P.0 . The applicant has sought cancellation of bail granted to the respondent Saleem vide order, dated 12-3-2009 by the learned Court of Additional Sessions Judge, Ratodero in Sessions Case No,217 of 2008, based on Crime No,91 of 2008 Police Station Ratodero for offences under sections 324, 337-H(2), 147, 148, P.P.C.
2.. Learned Advocate for the applicant has contended that the complainant sustained injuries in this incident therefore, bail granted to the respondent by the Trial Court may be cancelled.
3. Learned State counsel supports the order dated 12-3-2009, whereby bail was granted to the respondent Saleem stating that there is no illegality in the bail granted.
4. I have heard the counsel for the parties and have perused the order dated 25-3-2009 whereby the bail was granted to the respondent Saleem. I find that the learned Trial Court tentatively assessing the material placed before it granted bail to the respondent Saleem on merits coupled with A the fact that the respondent Saleem has remained in continuous custody for more than. 11 months and following the principles laid down by the superior courts.
5. In view of what has been stated above and the dictum laid down by the Honourable apex Court in the case of Attaullah and 3 others v. The State and B another 1999 SCM R 1320, I find no substance in this application, which is accordingly dismissed. 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.