AHMAD MOAZZAM and another vs THE STATE and 2 others
This matter concerns a petition for leave to appeal against an order of the High Court that had cancelled the bail previously granted to the petitioners by the Special Judge (Central), Lahore. The core legal question before the Supreme Court was whether the High Court erred in its cancellation of the bail granted by the trial court. Upon review, the Supreme Court found that the Special Judge (Central), Lahore, had exercised his discretion appropriately in granting bail to the petitioners on 5 November 1997. Consequently, the Supreme Court held that the High Court's order cancelling the bail was legally flawed. The Court confirmed the ad interim bail previously granted to the petitioners by the Supreme Court on 4 August 1998. The petition was converted into an appeal and allowed, thereby restoring the bail order of the trial court and setting aside the High Court's cancellation order.
- Does the High Court have the authority to cancel bail granted by a Special Judge if the discretion was exercised correctly?
- Can the Supreme Court confirm ad interim bail and convert a petition into an appeal to finalize the matter?
ORDER
1. ' RAJA AFRASIAB KHAN, J.---On 4th of August, 1998, the petitioners were admitted to ad interim bail by this Court on the ground that the Special Judge (Central), Lahore vide his order dated 5-11-1997 had rightly exercised his discretion in allowing bail to the petitioners and the order of the High Court cancelling their bail was bad in law. In the circumstances, ad interim bail allowed to the petitioners by this Court is hereby confirmed. This petition is, accordingly, converted into appeal and allowed.
Cited by 1 case
- BASHARAT ALI and 5 others vs THE STATE 2009 YLR 1445