2007 PLP 1382 (SCMR)
BASHUMAL — Petitioner Versus THE STATE and another — Respondents
| Citation | 2007 PLP 1382 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar and Saiyed Saeed Ashhad, JJ |
| Parties | BASHUMAL — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1382 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1382 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Saiyed Saeed Ashhad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1382 (SCMR) (BASHUMAL — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- F.M. Javed, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.
- Abbas Ali, Additional Advocate-General Sindh for the State.
- 3. We have heard learned counsel for petitioner as well as the learned Additional Advocate-General Sindh who concedes to grant of bail to the petitioner.
Headnotes / Summary
(On appeal from the order, dated 4-10-2006 of the High Court of Sindh, Karachi, in Criminal Bail Application No.407 of 2006).
S. 497
Constitution of Pakistan (1973), Art.185(3)
High Court had cancelled the bail granted to accused on the allegation that he had given threats to the complainant in the Court premises using abusive language and thus, misused the concession of bail
High Court did not provide an opportunity to the accused to rebut and deny the aforesaid allegation and passed the impugned order in great haste without observing the requirements for cancellation of bail
Bail once granted could not be cancelled unless plausible satisfactory and credible material was placed on record to establish the allegation
No material was available to show that the accused had misused the concession of bail
Accused was admitted to bail in circumstances. Abbas Ali, Additional Advocate-General Sindh for the State.
Judgment & Decree
ABDUL HAMEED DOGAR, J.
This petition for leave to appeal is directed against the order dated 4-10-2006 of a learned Judge in Chambers of the High Court of Sindh, Karachi, whereby Bail Application No.407 of 2006 filed by petitioner was dismissed.
2. The bail granted to petitioner has been cancelled by the learned High Court on the allegation that petitioner issued threats to the complainant in the Court premises and used abusive language and thus, misused the concession of bail. In consequence whereof, his bail was recalled and he was taken into custody and sent to jail.
3. We have heard learned counsel for petitioner as well as the learned Additional Advocate-General Sindh who concedes to grant of bail to the petitioner.
4. Learned counsel for the petitioner submitted that the learned High Court did not provide an opportunity to the petitioner to rebut and deny the allegation of misuse of the concession of bail and passed the order of cancellation of bail in great haste without observing the requirements for cancellation of bail. He further submitted that bail once granted cannot be cancelled or recalled unless plausible, satisfactory and credible material is placed on record to establish one or more than one ground on which bail can be cancelled and that in the case in hand there no material was available on the basis of which it could be said that the petitioner had misused the concession of bail.
5. Accordingly, petition is converted into appeal and allowed and appellant Bashumal is admitted to bail in the sum of Rs.2,00,000 (Rupees two lac) with one surety in the like amount to the satisfaction of trial Court. N.H.Q./B-9/SC Bail allowed.