KAMRAN vs THE STATE
This matter arises from a criminal bail cancellation proceeding where the applicant challenged the order of the 1st Additional Sessions Judge, Karachi South, which cancelled the applicant's bail on the ground that the applicant attempted to pacify the dispute with the complainant. The core legal question is whether attempting to reconcile a dispute constitutes a valid ground for the cancellation of bail. The Sindh High Court held that encouraging parties to sink their differences is expected of courts rather than being penalized, and given the existence of previous litigation and the submission of the challan, no prejudice would be caused to the investigating agency. The court ruled that bail should not be cancelled on such grounds, set aside the cancellation, and confirmed the bail previously granted to the applicant.
- Whether attempting to reconcile a dispute with the complainant is a valid ground for the cancellation of bail?
- Can bail be confirmed when previous litigation exists between the parties and the challan has already been submitted?
ORDER
1. ' AMIR HANI MUSLIM, J.---I have gone through the order passed by 1st Additional Sessions Judge, Karachi South who after adjourning the matter was cancelled the bail, inter alia, on the ground that the applicant was not obliged to approach the complainant for pacifying the dispute. This is a strange ground for cancellation of bail. It is expected that the Court should encourage the parties to sink their differences. On the contrary an adverse order has been passed when an attempt to reconcile the matter was made. In any event, there appears to be previous litigation between the parties and one of the accused, brother of the applicant namely Imran has filed F.I.R. No,159 of 2005 against Alif Khan Afridi who happens to be husband of the complainant in the present F.I.R. The challan has already been submitted and no prejudice would be caused I to the Investigating Agency in case of grant of bail. Learned State counsel has no objection. I, therefore, confirm the bail to the applicant on the same terms contained in the order, dated 7-12-2006. The applicant shall appear before the trial Court. This bail application stands disposed of in the above terms.