GHULAM SARWAR Versus THE STATE
The facts giving rise to this revision petition briefly are that the petitioner ;vas involved in a case under section 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, registered at Police Station Sadar Muzaffargarh, vide F.I.R. No. 9, dated 18-1-1987. The petitioner was allowed bail by my learned brother Ch. Fazal Karim, J. on 17-6-1987 (Criminal Miscellaneous No. 412-B of 1987). The challan against him was put in the Court of Syed Akhtar Ali Naqvi, Additional Session Judge, Muzaffargarh for trial. During proceedings he (petitioner) did not appear in Court on 26-10-1987, whereupon the trial Court cancelled his bail and issued non-bailable warrants for his arrest. In pursuance of the warrants of arrest, the petitioner has since been arrested. Feeling aggrieved thereby the instant revision petition has been filed.
2. It is argued on behalf of the petitioner that according to the provision of section 497(5), Cr.P.C. since the bail was granted to the petitioner by High Court, therefore, his bail could be cancelled only by the High Court or by higher forum and not by a Court subordinate to High Court. In the circumstances of the case, learned trial Court should have issued warrants of arrest for production of the petitioner in Court and could have also proceeded against the surety of the petitioner under section 514, Cr.P.C. but he had no authority to cancel the bail. Ir. ; this regard reliance is placed on Manzur Ahmad Bhatti's case 1985 P Cr. L J P 1558. Learned A.A.-G. rightly concedes this proposition of law. Consequently, I allow this petition and set aside the impugned order. In this view of the matter, the bail granting order passed by this Court on 17-6-1987 is automatically restored. Learned trial Court shall at once issue his release orders without asking him to furnish fresh security bonds and then proceed with the case in accordance with law. It may, if so desired, proceed under section 514, Cr.P.C. against the surety of the petitioner.
S.G.D./G-160/L
Revision allowed.