KHAN MUHAMMAD vs The STATE
This is a petition for leave to appeal directed against the order of the Lahore High Court dated 12-10-1985, whereby the petitioner's bail granted by the Sessions Judge, Khushab, was cancelled. The petitioner stands accused along with three others in a criminal case registered under section 354-A read with section 34 of the Pakistan Penal Code, which is currently pending trial. The core legal question before the Supreme Court was whether the High Court erred in law in cancelling the pre-trial bail granted to the petitioner. Upon hearing the learned counsel for the petitioner and examining the available record, the Supreme Court held that the learned Judge of the High Court did not violate any provision or principle of law in cancelling the bail. Consequently, finding no valid justification to interfere with the impugned order, the Supreme Court dismissed the petition for leave to appeal, affirming the cancellation of bail.
- Whether the High Court is justified in cancelling bail granted by the Sessions Court when no principle of law is violated?
- Under what circumstances will the Supreme Court interfere with an order of the High Court cancelling bail?
- Section 354-A, Pakistan Penal Code
- Section 34, Pakistan Penal Code
1. ABDUL QADIR SHAIKH, J.--This is a 'petition for leave to appeal from the order of a learned Judge of Lahore High Court, dated 12-10-1985 cancelling petitioner's bail which was granted to him by the Sessions Judge, Khushab. Petitioner is an accused along with three others in a case under section 354-A read with section 34, P.P.C. Which is awaiting trial.
2. After having heard the learn' counsel for the petitioner in the light of the record before us, we find that by cancelling petitioner's bail learned Judge has not violated any provision or principle of law.
3. There is, therefore, no valid justification for this Court to interfere.
4. The petition is dismissed.