Pakistan Case Law
1987 SCMR 1721

MUKHTAR vs MOHSIN ALI SHAH And Another

⭐ Prefer in Google
Citation1987 SCMR 1721
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No.3579-B of 1986 Petition for Leave to Appeal
Date1987-06-17
Judge(s)Aslam Riaz Hussain and Saad Saood Jan
Authored byAslam Riaz Hussain
ResultPetition dismissed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal was filed against an order of the Lahore High Court, which had dismissed the petitioner's application seeking the cancellation of bail granted to the respondent, Mohsin Ali Shah. The core legal question before the Supreme Court was whether the cancellation of bail was warranted under the circumstances presented. Upon hearing the arguments from the petitioner, the State, and the respondent, the Supreme Court noted that the investigating officer had placed the respondent in column No. 2 of the challan, indicating that he was not considered an accused at that stage of the investigation. Furthermore, the Court observed that the respondent had not yet been summoned as an accused by the trial judge. Consequently, the Supreme Court held that there were no grounds to interfere with the High Court's order and dismissed the petition. The principle established is that where an individual has been placed in column No. 2 of the challan and has not been summoned by the trial court, there is no basis for bail cancellation proceedings.

Questions settled in this judgment
  • Is a petition for cancellation of bail maintainable against a person placed in column No. 2 of the challan who has not yet been summoned by the trial court?
  • Does the placement of an individual in column No. 2 of the challan preclude the necessity of bail cancellation proceedings?
bail cancellationleave to appealcolumn No. 2 of challancriminal procedureinvestigation

ORDER

1. ASLAM RIAZ HUSSAIN, J.-- The petitioner seeks leave to appeal against an order of the Lahore High Court, Lahore dated 8th February, 1987 dismissing his application for cancellation of bail of Mohsin A.I Shah respondent. Notice was issued to the State on the last date of hearing.

2. We have heard the learned counsel for the petitioner as well as for the State, and Mohsin A.I Shah respondent. We are informed that Mohsin A.I Shah has been placed by the investigating officer in column No.2 of the challan and he has not yet been summoned as an accused by the learned trial Judge.

3. The petition is therefore dismissed.

Cited by 1 case

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.