DOSTAIN and 2 others vs THE STATE
This matter originated as a petition for leave to appeal against an order regarding bail, which the Supreme Court of Pakistan converted into an appeal. The core legal question concerned the entitlement of the appellants to post-arrest bail in a criminal case. Upon review, the Supreme Court partly allowed the appeal. Specifically, the Court granted bail to the appellant Dostain, subject to the furnishing of sureties and a personal bond to the satisfaction of the trial court. Conversely, the Court dismissed the appeal of the other two appellants, thereby denying them bail. The judgment establishes the principle that while bail may be granted based on the material available at a specific stage, such an order is not absolute; the prosecution retains the liberty to seek the cancellation of bail before the trial court should sufficient evidence be gathered against the accused during the ongoing investigation. The trial court is mandated to adjudicate any such subsequent application for cancellation in accordance with the law.
- Can the prosecution apply for the cancellation of bail if sufficient evidence is collected against an accused after bail has been granted?
- Does the conversion of a petition for leave to appeal into an appeal allow the appellate court to grant bail to an accused?
ORDER
1. ' ABDUL KADIR SHAIKH, J.--For the reasons recorded separately this petition is converted into an appeal and the appeal is partly allowed, in that, appeal of appellant Dostain is allowed and he shall be released on bail on furnishing two sureties in the sum of Rs,50,000 each and on execution of personal bond in the like amount to the satisfaction of the Sessions Judge, Sibi.
2. ' The appeal of the other two appellants is dismissed.
3. It is hereby clarified that it will be open to the prosecution to apply for the cancellation of bail of appellant Dostain to the trial Court in case sufficient evidence is collected against him during the investigation. On such an application being made the trial Court shall deal with it and pass orders in accordance with law.