1999 PLP 408 (MLD)

By this application moved by the Federal Government on 17-1-1996, the prayer is for cancellation of the bail of the respondent on the ground that the respondent had misused the liberty and had issued threats to one of the witnesses, who is Assistant Collector of Customs and Investigating Officer of this case. Today, Mr. Fariduddin, the learned counsel representing the Federal Government, has urged only one ground i.e. the respondent had issued threats to Muhammad Saleem, Asstt. Collector of Customs, one of the witnesses in the case. In support of his ground he has relied on an affidavit of Muhammad Saleem, which is on record. The contents of this affidavit are reproduced hereunder: - "I Saleem son of Syed Muhammad Shafi Muslim, adult, resident of Karachi, do hereby state on oath as under:- (1) That I am Investigating Officer in the above case and fully conversant with all the facts of the case. The facts mentioned in the accompanying application under sections- 497, Cr.P.C. and 561-A Cr.P.C. are correct. (2) That I am falsely implicated in the case registered at Police Station Nooriabad by the respondent after giving me threats. (3) That the facts stated in the accompanying application are true and correct. (4) That the respondent is desperate person (5) That the State Case would suffer if his bail is not cancelled as he is after my life. (6) That-the facts stated above are true and correct (7) That whatever .stated above is true and correct to the best of my personal knowledge which I believe to be true." In response, the respondent has filed a counter-affidavit, in which he has denied all these allegations levelled against him by Mr. Saleem in his affidavit. From the contentions of the learned counsel it transpires further that on an application under section.561-A, Cr.P.C., moved before this Court by the respondent, the proceedings before the trial Court have already been stayed. It is also pointed out that in the case of one of the co-accused the proceedings against him had been quashed by this Court, but an appeal has been moved before the Supreme Court of Pakistan, where the special leave to appeal has already been granted and appeal is yet to be taken up for decision. As regards the ground for cancellation of bail the only allegation is of issuing of threats by the respondent to one of the witnesses, who is also an officer of the Customs Department. The fact of issuing of threats is controverted by the counter-affidavit. Therefore, under the circumstances, there is word against word. I feel that there should be something more than mere allegation on the record to suggest that there is evidence of issuing of threats, so that the Court may be able to hold that the concession of bail was misused by the respondent. I do not find any other evidence in the shape of documents or otherwise, to prove the issuance of threats to the Investigating Officer. On the contrary, the witness, who is a Government servant and Assistant Collector of Customs, is not expected to sit idle when he received such threats, and he did nothing. On his complaint the machinery of the Government could have been moved. He has not reported the matter to the police nor has made any complaint. Under these circumstances, the ground that the respondent had issued threats to a witness and thereby had misused the liberty allowed to him by this Court while granting bail, does not stand proved. Under the circumstances, I find no force in this application. The same is, therefore, dismissed. H.B.T./F.25/K Application dismissed