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Criminal Revision No. 115 of 1970, decided on 23rd July 1970.

-----S. 498‑Bail‑Murder trial‑Bail earlier granted by High Court on ground of inordinate delay with observation "that bail order shall not stand in way of committing Magistrate to cancel bail after commitment of accused persons if in his discretion such a course is warranted"‑Inquiry Magistrate cancelling bail of accused after committing them to stand trial in Court of Session‑Discretion exercised by committing Magistrate not in any manner, displaced‑Bail of accused, held, rightly cancelled for good reasons.

Ras Tariq Chaudhry for Petitioners.

Syed Niaz Ali Shah for the State.

Wali Muhammad deceased trespassed into the house of Ali Muhammad petitioner about a year before the present occurrence, which took place at about noon‑time of 15th May. 1967, in order to carry on immoral connection with the latter's wife. A case was registered against him. He was acquitted. The deceased, acting as an informer, informed the Rehabilitation Department that Manna, the father of Ramzan accused, had got land allotted in his name without entitlement. The accused thus had grudge against him and ‑on the day of occurrence, eight of them, armed with various weapons, went to the shop of the deceased and dragged him out of it. He was thereafter beaten almost to pulp. He received a number of multiple injuries, which have not been separately‑ numbered by the doctor, who gave their number as 23. The assault on the deceased is of such a serious nature, that his right leg was broken into several pieces and was bleeding profusely. Same was the case with his left leg. His assailants had virtually crippled him and he would have been a useless person, even if he remained alive.

2. The police sent up eight persons in all. One of them, namely, Ali Muhammad Lakhowala (now a petitioner before me) was allowed bail by the learned Additional Sessions Judge, Lahore, on the ground that the post‑mortem examination did not reveal any incised injury on the legs: However, it was observed, that if the aforesaid accused was ultimately committed for trial to the Court of Session, the Committing Magistrate shall be at liberty 'to 'cancel his bail. Bashir and Sardar Ali were admitted to bail by Mr. Justice Muhammad Siddique, in Criminal Miscellaneous Petition No. 4300 of 1968. Kamal Din, Nek Muhammad and Ali, Muhammad son of Hakam Din were admitted to bail by my learned brother Shaukat Ali, J. without going into the merits of the case. Bail was granted purely on the ground of delay in the conclusion of the prosecution case in the Committing Courts. Dulla and Ramzan, (now petitioners before me) were allowed bail by my learned brother Muhammad Afzal Cheema, J. mainly on the ground of inordinate delay. His Lordship observed, that the bail order shall not stand in the way of the Committing Magistrate to cancel the bail after the commit ment of the accused persons, "if in his, discretion such 'a course is warranted".

3. All the accused persons have been committed to stand trial in the Court of Session under section 302 read with section 149 and section 148 of the Pakistan Penal‑Code. While committing: them, the Inquiry Magistrate has, by a separate order, cancelled the bail of Ali Muhammad Lakhowala, Dulla and Muhammad Ramzan.

4. They have now come up in revision to this Court asking for grant of bail. While committing the accused, the inquiry Magistrate was careful to cancel the bail of only those of the accused, with regard to whom, there was direction by the Courts granting them bail; that their bail could be cancelled, in case they were committed. I am mindful of the fact, that my learned brother Muhammad Afzal Cheema, J. was extra cautious in adding the condition

"If in his discretion such a course is warranted."

As far as I understand, his Lordship meant, that the bail should be cancelled only, if a case was really made out against these persons. Having seen the medical evidence and the number of injuries inflicted on the person of the deceased during broad day‑light, without expressing opinion on the merits. I am not inclined to hold, that the discretion exercised by the Committing Magistrate was, in any manner, misplaced. The bail of the petitioners has been cancelled for good reasons and as a consequence, their revision petition stands dismissed.

Petition dismissed.

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