MUHAMMAD YOUNUS Versus STATE
This criminal revision application challenges an order passed by the Special Court (CNS), Karachi, which cancelled the bail of the accused, Muhammad Younus, due to his absence on a single date of hearing. The core legal question was whether the cancellation of bail is justified solely on the basis of a single absence, particularly when the accused had not previously misused the concession of bail since its grant in 1997. The High Court held that cancelling bail for a single day's absence, especially where there is no history of misuse or abscondence, is an excessively harsh and improper exercise of judicial discretion. The Court emphasized that bail cancellation should not be punitive or automatic based on a single procedural lapse. Consequently, the High Court set aside the trial court's order, allowing the revision application and restoring the accused to his previous bail status under the same terms and conditions.
- Is the cancellation of bail justified solely on the basis of an accused's absence on a single date of hearing?
- Does a lack of prior misuse of bail concessions influence the court's decision on a bail cancellation application?
- Can an order cancelling bail be set aside if it is found to be harsh and improper?
ORDER
1. In this revision application the order of the learned trial Court i.e. Special Court (CNS), Karachi, Division, cancelling the bail of the accused Muhammad Younus for his absence on a single date i.e. 28-3-2001 has been called in question.
2. There is no denial of the fact that they applicant-accused remained absent on a single date of hearing. There is nothing on record to suggest that the applicant had remained absent in the past or had earlier misused the concession of bail, since 20-7-1997. The order of cancelling the bail of accused for a single date of his absence for the only reason that he failed to produce the medical certificate or medical certificate did not show any disease would indeed be not a good ground for cancelling the bail. The order of cancellation of bail appears to be very harsh. It suffers from impropriety and same is set aside. The revision application is allowed. The applicant shall remain on the same surety and on the same terms and conditions.
3. H.B.T./M-204/K Application allowed