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(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 8th December 1967, In Criminal Miscellaneous No. 3857 of 1967).
S. 394-Accused granted bail- Complainant moving High Court for cancellation of bail-Accused voluntarily giving undertakings before High Court that they would not frequent precincts of a particular area-High Court in view of undertakings voluntarily given dismissing petition for cancellation of bail-Petition for Special Leave to Appeal by accused for obtaining release from undertakings-Held, misconceived.
Muhammad Anwar Buttar, Advocate Supreme Court instructed by 1qbal Ahmed Qureshi, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing: 27th February 1968.
-The five petitioners are said to be clerks to Advocates practising in the High Court at Lahore. They are accused persons in a case under section 394, P. P. C., the allegation being that they assaulted one Muhammad Aslam, also an Advocate's clerk within the precincts of the High Court, and robbed him of sixty rupees. They were granted interim bail by a Sessions Judge, against which order Muhammad Aslam moved a petition in the High Court. At the hearing these persons gave undertakings in the following terms:-
"As desired by this Honourable Court; I agree to give the undertaking that I shall not enter the premises of the High Court of West Pakistan, Lahore."
Consequently the application of Muhammad Aslam was dismissed by an order in which reference was made to this undertaking. Leave is sought to appeal against this order, with the object of obtaining release from the undertakings.
The application is misconceived. The undertakings were voluntarily given and form part of the order refusing to cancel the bail. But they are not a condition of the order granting bail. If the undertakings are broken, the matter may again be brought before the High Court, for application of sanctions, and the occasion will then arise for considering whether any sanction exists in law.
The petition is dismissed.
Leave refused.
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