SHAHID IQBAL BUTT vs THE STATE and another
The matter arises from a petition for leave to appeal against the cancellation of pre-trial bail by the High Court. The petitioner, Shahid Iqbal Butt, was directly charged with firing at an injured person in a case registered under sections 302, 307, 148, and 149 of the Pakistan Penal Code. The Additional District Judge initially granted bail based on the injured person's exoneration and the police finding of innocence, which the High Court subsequently cancelled due to the presence of injured eyewitnesses implicating the petitioner. The core legal question concerns the effect of a subsequent police report and Magistrate's order cancelling the case and discharging the petitioner on a previously cancelled bail order. The Supreme Court converted the petition into an appeal and allowed it, holding that the subsequent order of the Magistrate discharging the petitioner rendered the High Court's bail cancellation order inoperative, thereby restoring the petitioner's liberty without prejudice to the correctness of the Magistrate's discharge order. The key principle laid down is that the discharge of an accused person by a Magistrate via a cancellation report supersedes prior orders regarding bail.
- Does the cancellation of a case and discharge of an accused by a Magistrate affect a prior order cancelling bail?
- Can a petition for leave to appeal be converted into an appeal by the Supreme Court?
- What is the effect of a Magistrate's order accepting a cancellation report under Section 173 of the Code of Criminal Procedure 1898 on pending bail matters?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
ORDER
' SHAFIUR RAHMAN, ACTG. C.J.---Shahid Iqbal Butt, the petitioner, was directly, charged by the first informant for firing at his head with a .12 bore gun in an occurrence resulting in the registration of the case under section 302/307/148/149, P.P.C. Against him and a few others.
2. The learned Additional District Judge, Faisalabad admitted Shahid Iqbal Butt/petitioner to bail on 25-8-1990 on the ground that Javed Iqbal who was injured at the hands of Shahid Iqbal specifically exonerated him from the charge and stated that he was not present at the spot, coupled with the fact that the Investigating Officer also found him innocent. The High Court in cancelling the bail granted to Shahid Iqbal, held as hereunder:--- "Though the police has held the respondent innocent, yet I have not been able to find any material on the basis of which they could arrive at the said conclusion. It is a case which is being supported by three injured eye-witnesses, and all of them have unanimously implicated' the respondent by name?
3. The learned counsel has pointed out that in the final report submitted under section 173, Cr.P.C., the case against Shahid Iqbal stands cancelled by an order of the Magistrate. In view of such a discharge of the petitioner, the cancellation of bail order should not stand in the way of his liberties.
4. The State counsel confirms that case as against Shahid Iqbal Butt stands cancelled by an order of the Magistrate. The learned counsel for the complainant/respondent No,2 disputes the correctness of the orders so passed by the learned Magistrate.
5. At this juncture we are not called upon in these proceedings to determine the correctness of the order of cancellation of the case as against the petitioner and his discharge. All the same we must take note of that having happened. In view of such an order having been passed, the cancellation of bail order automatically does not stand in the way. Nevertheless, in order to remove any doubt, we convert this petition into appeal, as notice has already been given to the State etc., and allow the same and set aside the order impugned before us.