ABDUL HAMEED vs The STATE and another
This matter concerns a petition for the cancellation of pre-arrest bail previously granted to the respondent-accused. The bail had been granted on the condition that the respondent-accused would pay a specific 'worked out' amount to the complainant-petitioner within five months, based on a compromise between the parties. The petitioner sought cancellation of bail under Section 497(5) of the Code of Criminal Procedure 1898, alleging that the respondent-accused failed to comply with the payment terms and displayed an apathetic attitude toward the court's order. The core legal question was whether the respondent-accused, having failed to honor the compromise and the conditions of the bail order, remained entitled to the concession of pre-arrest bail. The Court held that the respondent-accused's failure to comply with the court's direction and his subsequent conduct disentitled him to the continued benefit of the bail order. The Court emphasized that court orders must be complied with in letter and spirit, and no party can be allowed to make a mockery of the judicial process. Consequently, the bail was recalled, and the respondent-accused was ordered into custody.
- Can pre-arrest bail be cancelled if the accused fails to comply with the conditions of a compromise order?
- Does the failure to fulfill a financial obligation set as a condition for bail justify the cancellation of that bail?
- Is an accused entitled to retain the benefit of a bail order if they demonstrate a lack of sincerity in complying with the court's directions?
- Section 497(5), Code of Criminal Procedure 1898
- Section 22-A, Code of Criminal Procedure 1898
- Section 22-B, Code of Criminal Procedure 1898
ORDER
' SHAHID HAMEED DAR, J.---The respondent-accused, Sh.Abdul Samad was granted bail before arrest by this court vide order dated 19-5-2011, passed in Criminal Miscellaneous No.5085-B-2011, A for the solitary reason that compromise had been effected between the parties, in line of which he was required to defray each penny of the 'worked out' amount to the complainant-petitioner within next five months from the date of the above said bail granting order. Due to apathetic attitude of the respondent-accused, the petitioner filed the instant cancellation petition under section 497(5), Cr.P.C. On 20-10-2011 which could not be decided due to repeated promises made by the respondent-accused to satisfy the claim of the petitioner.
2. Learned counsel appearing on behalf of the respondent-accused, in all fairness believes that the matter between the parties could still be amicably settled within spirit of the bail granting order but, the respondent-accused appears to be interested more in perpetuating the agony of the petitioner rather than showing sincerity and respect to the said order, which had been passed with the consent of the parties. No one can be allowed to make a mockery of the process of law and that of the courts. An order made by a court of law has to be complied with in letter and spirit and no excuse can be allowed to eclipse or overawe the efficaciousness of the said order. The attention of this court has been drawn to an order, passed by the Ex-Officio Justice of Peace, Lahore, on an application under section 22-A, 22-B Cr.P.C. Moved by the respondent-accused for registration of a case against the petitioner which also reflects on the preparedness of the respondent-accused to comply with the requirement of the above said order of this court.
3. By being nonchalant and having shown a little sincerity in complying with the aforesaid direction/order, the respondent-accused has disentitled himself to continuously harvest the fruit of the said order. No other option is left but to allow this petition and recall the above said bail granting order. The respondent-accused be taken into custody and sent to judicial lockup as an under-trial prisoner, so as to face the trial.
4. Before parting with this order, the -learned trial Court is directed to accelerate the proceedings of the trial and ensure its conclusion, under intimation to this court, within five months from today.
5. A copy of this order be transmitted to the learned trial Court for information and compliance.