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S. 497‑Bail, cancellation of‑Order cancelling bail passed without notice to accused‑Accused set at liberty in circumstances but directed to appear before, trial Magistrate for proper orders.

Mushtaq Ahmad v. The State P L D 1966 S C 126 rel.

Shaukat Ali Rathor for Petitioner.

Masud Butt for Respondent:

Muhammad Yunus detenu with Mansab Ali, Bailiff.

It appears from the record, produced by the respondent, that Ch. Danishmand Magistrate, Sialkot, had allowed interim bail to the detenu in Case No. 205 dated 16‑11‑70, under section 375, P. P. C. But afterwards on 25‑12‑70, at the instance of P. D. S. P., Sialkot, his ‑ bail was cancelled by the learned Magistrate without any notice to him. It was in these circumstances that the respondent had refused to set the detenu at liberty after his bail was cancelled.

2: Before me today the learned counsel for the petitioner has relied on Mushtaq Ahmad v. The State (PLD1966SC 126) to contend that the order of cancellation of bail without any notice to the accused passed by the learned Magistrate was illegal and against the principles of natural justice.

3. In the circumstances of this case, I hereby set the petitioner at liberty and direct him to appear before Ch, Danishmand Magistrate II Class, Sialkot, on the 29th of December 1970, who may pass any order that he may deem fit after hearing the parties.

4. In case the detenu does not appear before the learned Magistrate, the respondent may take any proper order from the Magistrate for his arrest.

Petition accepted.