ZAHID AFZAL and another vs THE STATE and another
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal against the order of the High Court cancelling the bail earlier granted to the petitioners by the Additional Sessions Judge. The core legal question concerns the propriety and validity of the cancellation of bail by the High Court. The Supreme Court held that the petition should be entertained upon the petitioners surrendering before the Court, noting that the High Court's order cancelling bail required further examination. Consequently, the Court granted ad interim bail to the petitioners during the pendency of the petition for leave to appeal, maintaining the bail bonds previously furnished pursuant to the order of the Additional Sessions Judge. The key principle laid down is that where an order cancelling bail warrants deeper scrutiny, the petitioners may be admitted to ad interim bail upon surrendering before the Court pending final adjudication of the leave petition.
- Whether an order of the High Court cancelling bail warrants further examination by the Supreme Court?
- Can petitioners be granted ad interim bail pending the hearing of a petition for leave to appeal against bail cancellation?
- Are previous bail bonds furnished before the trial court sufficient for ad interim bail upon surrendering before the Supreme Court?
ORDER
1. ' After hearing learned counsel for the parties I consider that this is a fit case wherein the petition should be entertained on the petitioners' surrendering themselves before the Court.
2. ' Let the petition be registered and assigned a regular number. The petitioners have surrendered themselves before me. As the order of the High Court cancelling bail earlier granted by the Additional Sessions Judge on 1-11-1990 requires further examination they are entitled to bail ad interim. They are allowed to remain on bail, during the pendency of the petition for leave to appeal, on the bail bonds furnished by them in pursuance of the order of the learned Additional Sessions Judge, Failsalabad, dated 1-11-1990.
Cited by 4 cases
- Atif Ali and others vs Abdul Basit and another 2022 SCP 280, 2022 SCMR 2055
- RANGBAZ vs THE STATE and another 2004 P C R L J 849
- RANGBAZ Versus THE STATE 2004 PCRLJ 849
- Sardar MUHAMMAD IQBAL vs THE STATE And Another 2003 YLR 147