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Petition for Special Leave to Appeal No. 67 of 1970, decided on 24th April 1970.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 25th February 1970, in Criminal Miscellaneous No. 6859 of 1969).
-----S. 497(5)‑Cancellation of bail‑High Court granting and later confirming "interim" bail before arrest to person accused of murder‑Person thereafter challaned and matter pending before committing Court‑Cancellation of bail‑Proper course to move committing Magistrate or Sessions Court for purpose.
Sh. Masood Akhtar, Advocate‑on‑Record Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing : 24th April 1970.
‑The petitioner seeks leave to appeal against the order of the High Court confirming bail before arrest granted to Muhammad Yaqub respondent No. 1, in a case relating to the murder of Mohammad Ashraf. The allegation against Mohammad Yaqub is that Ali Mohammad raised a lalkara, whereupon respondent Mohammad Yaqub caught hold of Mohammad Ashraf deceased and Rashid gave a fatal blow to Mohammad Ashraf in the chest area who fell down and died on the spot. The respondent No. 1, therefore, is alleged to be privy and accessory to murder.
A learned Single Judge of the West Pakistan High Court, Lahore, granted him interim bail which has been confirmed by M. H. Munir, J. on the 25th February 1970. The petitioner's case is that the name of the respondent is mentioned in the F. I. R. and on the allegation made against him he should not have been granted bail.
It is conceded by the learned counsel for the petitioner that respondent No. 1 has been challaned and the matter now is before the Committing Magistrate. The proper course, therefore, for the petitioner is to move Committing Court for reconsideration of the question whether respondent No. 1 should be allowed to be continued on bail after taking into consideration the material placed on the record. The apprehension of the petitioner that the grant of bail by the High Court will be a bar to the said consideration is not well founded. The bail granted by the High Court will not stand in the way of the petitioner to move for the cancellation of the bail before the Committing Magistrate or before the Sessions Court.
At this stage, we are not inclined to interfere in this matter. The petition is dismissed.
Leave refused.
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