MUHAMMAD ARIF vs The STATE
This matter arises from a petition for leave to appeal filed by Muhammad Arif against the order of the Lahore High Court dated 6-2-1983, which had cancelled the bail previously granted to him by the Sessions Judge, Gujranwala. The core legal question before the Supreme Court of Pakistan was whether the cancellation of bail by the High Court was justified under the circumstances of the case. Upon hearing the learned counsel for the appellant and the State, and examining the orders of the lower courts along with the statement of the prosecutrix, the Supreme Court converted the petition into an appeal and held that it was a fit case for the grant of bail. The Court accordingly set aside the cancellation and granted bail to the appellant subject to furnishing surety bonds. The key principle laid down is that where a case is considered fit for bail upon review of the record and without prejudicing the merits of the prosecution case, the appellate court will restore bail to the accused.
- Whether the Supreme Court can convert a petition for leave to appeal into an appeal and dispose of it accordingly?
- Is the High Court's order cancelling bail subject to interference by the Supreme Court when the case is deemed fit for the grant of bail?
ORDER
ASLAM RIAZ HUSSAIN, J--Muhammad Arif petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore, dated 6-2-1983 cancelling his bail granted by the Sessions Judge, Gujranwala.
2. We issued notice to the State, converted the petition into appeal and proceeded to dispose it of as such.
3. We have hard the learned counsel for the appellant and the Stat at considerable length and have also gone through the orders of the learned Sessions Judge as well as the High Court, as well as the statement mad by the prosecutrix. Without making any observations which may go t prejudice the prosecution, we are of the view that this is a fit case for grant of bail to the appellant.
Muhammad Arif, appellant, is, therefore, granted bail in the sum of Rs. 20,000 with two sureties each in the like amount, to the satisfaction of Assistant Commissioner, Gujranwala.
S. Q.