SULTAN AHMAD vs MALIK AMAN and another
This appeal, filed with special leave of the Supreme Court, challenged an order granting bail to the respondent in a case involving Section 307 of the Pakistan Penal Code 1860, and a subsequent order by the Peshawar High Court refusing to cancel that bail. The respondent failed to appear before the Supreme Court despite being served with bailable warrants. The Court declined to adjudicate the cancellation of bail on the merits of the underlying criminal case in the respondent's absence. However, the Court held that bail may be cancelled due to the accused's failure to ensure their appearance before the Court. Consequently, the bail previously granted by the Sessions Judge and the District Magistrate was cancelled. The Court clarified that this order did not preclude the respondent from filing a fresh bail petition before the Sessions Court, which would then be decided on its own merits in accordance with the law as amended.
- Can bail be cancelled by an appellate court due to the accused's failure to appear?
- Does the cancellation of bail by an appellate court for non-appearance bar the accused from filing a fresh bail application in the trial court?
- Section 307, Pakistan Penal Code 1860
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- This appeal through special leave of this Court is directed against the order, dated 12-9-1982 whereby bail was granted to the respondent No,1 (Malik Aman) in a case purported to be under section 307, P.P.C. And also the order, dated 11-12-1982 of the Peshawar High Court refusing to cancel the same.
2. ' The said accused/respondent has not appeared despite service through bailable warrants.
3. We are not inclined to cancel the bail on merits of the case in his absence. But after hearing both the learned counsel for the petitioner and the State, the to him by the learned Sessions Judge on 12-9-1982 as also granted by the District Magistrate, Mansehra on 25-1-1984 under orders of this Court, is cancelled for his failure to make arrangement for appearance in this Court.
4. ' This order shall, however, not bar the said respondent making fresh petition for bail before the Sessions Court; which shall be decided on its own merits, in accordance with the law as amended up-to-date.