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Criminal Petition for Special Leave to Appeal No.184‑R of 1982, decided on 20th February, 1984.

(On appeal from the judgment of Peshawar High Court dated 11‑12‑1982 in Cr.M.No. 148 of 1982).

Constitution of Pakistan (1973)‑‑

‑‑‑Art.185(3)‑‑Criminal Procedure Code (V of 1898), Ss.497 & 498 read with Penal Code (XLV of 1860), 5.307‑‑Bail‑‑Cancellation of‑‑Accused respondent failing to make arrangement in Supreme Court‑‑Bail granted to him by Sessions Judge and District Magistrate cancelled‑‑Order, however, not to be bar to respondent for making fresh petition for bail before Sessions Court.

Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Nemo for Respondent

Shakirullah, Advocate Supreme Court for the State.

Date of hearing: 20th February, 1984.

‑‑ This appeal through special leave of this Court is directed against the order, dated 12‑9‑1982 whereby bail was granted to the respondent No.l (Malik Aman) in a case purported to be under section 307, P.P.C. and also the order, dated 11‑12‑1982 of the Peshawar High Court refusing to cancel the same.

The said accused /respondent has not appeared despite service through bailable warrants.

We are not inclined to cancel the bail on merits of the case in his absence. Hut after hearing both the learned counsel for the petitioner and the State, the bail granted to him by the learned Sessions Judge A on 12‑9‑1982 as also granted by the District Magistrate, Mansehra on 25‑1‑1984 under orders of this Court, is cancelled for his failure to make arrangement for appearance in this Court.

This order shall, however, not bar the said respondent making fresh petition for bail before the Sessions Court; which shall be decided on its own merits, in accordance with the law as amended up‑to‑date.

S. Q. Bail cancelled.

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