BASHIR AHMAD vs Mirza MUHAMMAD YA000B and 10 others
This matter arises from a criminal petition seeking the cancellation of pre-arrest and post-arrest bail granted to the respondents in a case registered under sections 307, 448, 148, and 149 of the Pakistan Penal Code 1860 at Police Station Yazman. The core legal question concerns whether sufficient grounds exist to warrant the cancellation of bail already granted to the accused persons by the lower courts. The Lahore High Court held that no case was made out for the cancellation of bail, noting that twelve persons were implicated for twelve injuries, no firearm or grievous injuries were attributed to the respondents, and the counsel did not press for the cancellation of bail for the post-arrest respondents. The court laid down the principle that once bail has been granted by a court of competent jurisdiction, strong and exceptional grounds are required for its cancellation, and no useful purpose would be served by sending the respondents to jail when they would ultimately be released.
- Are strong and exceptional grounds required for the cancellation of bail once it has been granted by a court of competent jurisdiction?
- Whether bail should be cancelled when the accused persons are not attributed any firearm or grievous injuries and the number of accused matches the number of injuries?
- Section 307, Pakistan Penal Code 1860
- Section 448, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' On 10-4-1990, a case under section 307/448/148/149, P.P.C. Was registered at Police Station Yazman vide F.I.R. No, 87 of 1990 against Mirza Muhammad Yaqoob and 9 other respondents and two co-accused namely Abdul Ghafoor and Manzoor Ahmad.
2. The prosecution case was/is that respondents Nos. 1 to 10 alongwith their co-accused Abdul Ghafoor and Manzoor Ahmed launched attack on Mst. Fai7a, Ameera and Asho Mai on 10-4-1990 and caused injuries to them. Manzoor Ahmad and Abdul Ghafoor co-accused were armed with carbine and gun. Respondents Nos. 2 to 10 were carrying Sotas whereas Mirza Muhammad Yaqoob respondent was empty handed and was raising Lalkara. The respondents namely Muhammad Yaqoob, Bashir Ahmad, Khuda Bakhsh, Hassan Bakhsh, Muhammad and Allah Bakhsh were allowed pre-arrest bail by the learned Additional Sessions Judge, Bahawalpur on 13-6-1990. Nasir Iqbal, Javed Akhtar, Abbas All and Muhammad Shafqat, respondents Nos. 7 to 10 were granted bail after arrest by the learned Judicial Magistrate, Bahawalpur, hence this petition for cancellation of bail granted to them.
3. Learned counsel has not pressed for the cancellation of bail granted to Nasir Iqbal and 3 others respondents Nos. 7 to 10. As for respondents Nos. 1 to 6, he maintained that they were members of unlawful assembly; they had actively participated in the occurrence; Mirza Muhammad Yaqoob had a motive and was also instigating his co-accused to do away with the complainant party and that in any case it was not a fit case for grant of pre-arrest bail to respondents Nos. 1 to 6.
4. I have considered the matter carefully. I do not feel persuaded to agree with him. I find that against 12 injuries found on the person of 3 injured P.Ws, the prosecution has involved as many as 12 persons; that respondents Nos.1 to 6 did not cause any fire-arm wound or any grievous injury to the injured P.Ws.; that respondents Nos. 7 to 10 have been released on bail by the trial Court and the learned counsel has also not pressed for the cancellation of bail granted to them. So, no useful purpose would be served by cancelling the bail granted to the respondents, sending them to jail and then releasing them after few days. Be that as it may, the fact remains that once bail is granted by a Court of competent jurisdiction then strong and exceptional grounds would be required for cancellation thereof, which I do not see in the case in hand.
' For what has been said above, the application is dismissed in undue.
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- THE STATE vs KHALID KHAN 1996 MLD 37
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