HAYAT vs THE STATE And Another

The petitioner sought leave to appeal against a High Court judgment dated 29-4-1985, which had cancelled his bail in a criminal case involving charges under sections 302, 307, 149, and 148 of the Pakistan Penal Code 1860. Upon review, the Supreme Court of Pakistan observed that the petitioner had failed to surrender to the authorities following the cancellation of his bail. The Court held that a petition for leave to appeal cannot be heard or entertained while the petitioner remains a fugitive from justice and has not surrendered. Consequently, the Supreme Court dismissed the petition on the ground of non-surrender, while clarifying that the petitioner retains the liberty to file a fresh petition for leave to appeal once he has surrendered to the jurisdiction of the court. The principle established is that a petitioner seeking relief from the Supreme Court against the cancellation of bail must first surrender to custody before their petition can be heard.