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Criminal Appeal No. 81 of 1982, decided on 22nd December, 1982.
(Against the Order of Lahore High Court dated 20th November, 1982 passed in Cr. Misc. 729‑B/1982/BWP).
‑‑ Art. 185 (3)‑Criminal Procedure Code (V of 1898), S. 497 Bail‑Accused on bail granted by Sessions Judge‑High Court can celling bail on ground of non‑appearance of accused on having been served‑Leave to appeal‑Contention that no specific order for appearance of accused passed as such order was not proper Supreme Court converting petition for leave to appeal into regular appeal declined bail to accused persons having been attributed to fatal blows‑Remaining accused enlarged on bail by Supreme court.
Raja Afrasiab Khan, Advocate Supreme Court with S. M. Idrees Advocate Supreme Court and Sh. Masood Akhtar Advocate‑on‑Record for Appellants.
Muhammad Anwar Bhinder, Advocate Supreme Court with M. A. Qureshi, Advocate‑on‑Record and S. D. Qureshi, Advocate Supreme Court for Respondents.
Date of hearing : 22nd December, 1982.
‑‑Bail was granted to the petitioners by the learned Additional Sessions Judge, Bahawalpur but on application by Liaqat Ali complainant it was cancelled by the High Court vide the impugned order dated 20th November, 1982 mainly on the ground that the accused petitioners did not turn up in spite of having been served.
The petitioners seek leave to appeal against this order.
2. The main contention urged by the counsel for the appellants before us was that there was no specific order by the learned Judge in Chamber requiring the appellants to appear before the Court.
3. We have, however, heard the learned counsel for the parties on merits and gone through the relevant documents including the judgment of the learned Additional Sessions Judge, Bahawalpur, granting them bail. Without making any observation which may prejudice the case of either party we are of the view that Mushtaq Ahmad and Rafi, appel lants, who have been attributed the fatal blows are not entitled to grant of bail. Consequently, we convert this petition into appeal and dismiss it qua Mushtaq and Muhammad Rafi appellants.
4. The remaining appellants are entitled to grant of bail. The order of the High Court cancelling their bail is, therefore, set aside and the earlier order passed by the Additional Sessions Judge granting bail to them is restored.
Bail cancelled.
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