ABID ALI vs THE STATE
This matter comes before the Supreme Court of Pakistan through a petition seeking leave to appeal against the cancellation of the petitioner's bail by the High Court vide judgment dated 15-3-2002. During the hearing, the learned counsel for the petitioner conceded that the petitioner had not yet surrendered to the police, although he was present in the Court. The core legal question addressed is whether a petitioner whose bail has been cancelled can seek consideration of their plea for relief from the Supreme Court without first surrendering to custody. The Supreme Court held that it is not inclined to consider the petitioner's plea unless he surrenders to the police and is taken into custody. The key principle laid down is that surrender to custody is a mandatory prerequisite for the entertainment of a bail-related petition by a fugitive or a petitioner failing to surrender after bail cancellation.
- Can a petitioner maintain a petition against the cancellation of bail without surrendering to custody?
- Whether the Supreme Court will consider a bail plea when the petitioner is present in court but has not surrendered to the police?
ORDER
' MUNIR A. SHEIKH, J.---Learned counsel for the petitioner submits that the bail granted to the petitioner has been cancelled through the impugned judgment, dated 15-3-2002 by the High Court. When questioned, he admitted that the petitioner has not yet surrendered himself to the police but he is present in the Court today.
2. We are not inclined to consider the plea of the petitioner unless he surrenders to the police and is taken into custody.
3. To be listed on the intimation of the learned counsel for the petitioner to the office about the surrender of the petitioner.