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Criminal Miscellaneous No. 1222-B of 1983, decided on Ist June, 1983.
-- S. 497 (5)-Bail, principles governing cancellation of-A person once enlarged on bail by order of a competent Court a valuable right, held, would accrue in his favour and bail could not be cancelled on basis of bald allegations involving suborning of witnesses or holding out threats-Order of Additional Sessions Judge cancelling bail granted by a Magistrate, being shorn of reasons or justification set aside, in circumstances.
Ali Ahmed Awan for Petitioner.
Sh. Ifzal Hussain for the State.
The petitioner in this case is accused of offence under section 324/325/ 34, P. P. C. He was admitted to bail by a learned Magistrate at Faisala. bad. Thereafter, the complainant moved an application for the cancella tion of bail after about three months under section 497 (5), Cr. P. C. The application was filed on the strength of a report got entered in the daily diary register of Police Station Khurrianwala.
2. The matter came up before a learned Additional Sessions Judge, Mr. Pervez Ahmad, who through a cryptic order which is also shorn of reasons treated this factor as a gospel, truth and ordered cancellation of bail. In so doing, the learned Additional Sessions Judge seems to have acted in ignorance of the principles governing the cancellation of bail 1t may be pointed out that once a person has been enlarged on bail by order of a competent Court, a valuable right accrues in his favour. The Courts are always slow to cancel the bail at the instance of other party on the basis of bald allegations involving suborning of witnesses or hold ing out threats. There is no discussion in the order of the learned Addi tional Sessions Judge to show justification for the order which be passed in this case. He appears to have acted rather mechanically and with un earthly haste.
The petitioner has already been admitted to interim bail by my learned brother Hon'ble Mr. Justice Muhammad Rafiq Tarrar. I would accord ingly confirm the same.
S. G. D. Bail confirmed.
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