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Criminal Miscellaneous No. 3779 of 1968, decided on 19th 'November 1968.

S. 497(5)‑Bail--Cancellation of‑Mere act that accused has been committed to Court of Session Does not always entail consequence of cancellation of bail granted to him Discretion in granting bail found to have been exercised on sound grounds Order not interfered with.

M. R. Chughtai for Petitioner.

Qazi Aziz Ahmad for Respondents.

M. Z. Babar for the State.

This is an application for cancellation of bail granted to Sher Muhammad and Muhammad Ishaq by Mr. Masood Ahmad Ansari, Additional Sessions Judge, Lahore, vide his order dated 13th of July 1968. The two respondents have been committed to the Court of Session on charges under sections 302/452/34 of the Pakistan Penal Code. Before the commitment the two respondents were granted bail by Mr. Muhammad Afzal Sarwar, Additional Sessions Judge, Sahiwal, by his order dated 8th of June 1968. It has been stated by the learned counsel for the petitioner before me that Sher Muhammad respondent was attributed a Lalkara' whereas Ishaq respondent is said to have grappled with the brother of the deceased. Mr. Muhammad Afzal Sarwar after considering the merits of the case, rejected the bail plea of Jan Muhammad and Mushtaq, but granted bail to the present respondents. He, however, gave a direction that the Ilaaqa Magistrate could cancel the bail for good reasons.

2. The learned Magistrate committed all the four accused in the case by his order dated 29th of June, 1968, and cancelled the bail granted to the present respondents by Mr. Muhammad Afzal Sarwar on the ground that they had been charged for the commission of an offence under section 302, P. P. C. The respondents then applied to the Sessions Judge for bail and were bailed out by Mr. Masood Ahmad Ansari by his impugned order. The learned Additional Sessions Judge observed that the reasons given in the order of Mr. Muhammad Afzal Sarwar dated 8th of June 1968, still held good and the fact that the respondents had been committed to the Court of Session, did not make any difference.

3. In my view, the learned Additional Sessions Judge was right in making this observation. The mere fact that a person has been committed to the Court of Session does not always entail the consequence of cancellation of bail granted to him.

The discretion has been exercised on sound grounds and I do not want to interfere with it. The application is dismissed.

Petition dismissed.

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