MUHAMMAD RAFIQUE Alias MOHAMMAD SHAFIQUE vs THE STATE And Another
This is a petition directed against the order of the Lahore High Court which cancelled the pre-trial or post-arrest bail allowed to the petitioner by the Additional Sessions Judge and ordered his arrest. The core legal question before the Supreme Court was whether the High Court exercised its discretion legally and properly in cancelling the bail. The Supreme Court held that the discretion exercised by the High Court was proper and that the case was not one in which bail should have been allowed in the first place. Consequently, the Supreme Court dismissed the petition, affirming the cancellation of bail.
- Whether the High Court's discretion in cancelling bail was exercised illegally or improperly?
- Is it a fit case for the grant of bail where the lower court improperly allowed it?
ORDER
1. NASIM HASAN SHAH, J.-- This is a petition directed against the order dated 30-6-1987 passed by a learned Judge of the Lahore High Court whereby he cancelled the bail allowed to the petitioner by the Additional Sessions Judge, Faisalabad and ordered his arrest.
2. We have heard Ch. Muhammad Abdus Saleem, Advocate, in support of this petition. He has not been able to convince us that the discretion exercised by the learned Judge of the High Court to cancel the bail allowed to the petitioner was exercised illegally or improperly. On the other hand, we agree with the learned Judge that this was not a case in which bail should have been allowed to the petitioner. Accordingly, we find no force in this petition, which is dismissed hereby.