MUHAMMAD ARIF Versus RAHIM KHAN

ORDER ,

The present petition contends for the cancellation of the bail allowed to respondents Nos.1 and 2 vide orders, dated 22-4-1990 and 4-11-1990, passed in Criminal Miscellaneous No.1204/B of 1990 and Criminal Miscellaneous No.3051/B of 1990, respectively. It was contended that the respondents are fugitives and have not appeared before the trial Court on many dates of hearing.

2.On the other hand, the learned counsel for the State pointed out that the trial in question has concluded vide judgment, dated 24-3-1992, whereby some of the co-accused of respondents Nos.l and 2 have been sentenced whereas some others have been acquitted. It was further submitted that three have been convicted and sentenced to death and eight acquitted. Further submitted that respondents Nos.l and 2 herein have been declared "proclaimed offenders" with the direction that their trial will start as and when they are taken into custody.

3.In view of what has been stated above, as the respondents Nos.l and 2 are "proclaimed offenders" and have not been appearing before the trial Court after they had been bailed out, and, as such, are guilty of abuse of the concession of bail allowed to them, therefore, the orders whereby they were granted bail, stated above, are hereby recalled and resultantly their bails stand cancelled.

H.B.T./R-66/L Bails cancelled.