MUSHTAQ AND Another vs SHAHZAD AKHTAR AND ANOTHER

This matter concerns a petition for leave to appeal against the cancellation of bail by the High Court. The petitioners, Mushtaq and Muhammad Iqbal, were accused alongside a co-accused, Muhammad Hanif, of attacking the complainant and his brother, resulting in a fatality and injuries. While the Additional Sessions Judge initially granted bail to the petitioners on the grounds that the fatal blow was not attributed to them, the High Court subsequently cancelled this bail. The High Court reasoned that the accused acted in concert pursuant to a pre-planned design, with all participants being armed with knives (chhuris). The core legal question was whether the High Court's cancellation of bail was justified given the circumstances of the alleged common intention and concerted action. The Supreme Court upheld the High Court's order, finding no valid grounds to interfere with the lower court's assessment that the petitioners' participation in a pre-planned attack warranted the cancellation of bail. The principle affirmed is that bail may be cancelled where evidence suggests the accused acted in concert in a criminal design.