2007L3076 (PLP)

ASIF SAEED KHAN KHOSA, J.

The petitioners are accused persons in case F.I.R. No.466 lodged by respondent No.2 at Police Station "A" Division, Sheikhupura on 19-10-2004 in respect of offences under sections 406/506, P.P.C. The petitioners were arrested in connection with that case on 22-10-2004 and on 23-10-2004 the Area Magistrate granted physical remand of the petitioners to the local police for four days. Before the expiry of those four days the Investigating Officer found the petitioners to be innocent and, thus, he released the petitioners under section 169, Cr.P.C. on execution of bonds by them on 25-10-2004. On 27-10-2004 respondent No.2 challenged that action of the local police before the Area Magistrate and the Area Magistrate then sent a reference to the learned Sessions Judge, Sheikhupura in that regard. On 29-10-2004 the learned Sessions Judge, Sheikhupura cancelled the petitioners' bail and ordered re-arrest of the petitioners. The said order passed by the learned Sessions Judge, Sheikhupura on 29-10-2004 has been assailed before this Court through the present revision petition.

2. I have heard the learned counsel for the parties and have gone through the record of this case with their assistance.

3. At the outset it has been pointed out by the learned counsel for the State that after completion of the investigation a challan in the above mentioned criminal case has already been submitted on 22-2-2005 and in the-said challan it has been opined by the police that both the present petitioners are innocent. After receiving the said challan the learned trial Court is yet to pass an order regarding summoning of the petitioners or otherwise and, thus, it is not clear at this stage as to whether the petitioners are to face any trial or not. In view of this uncertainty of the situation vis-a-vis the present petitioners I have found it to be imprudent and ill-advised to comment on the merits of the case qua the petitioners at such a premature stage. It is, however, clarified that if the learned trial Court decides to summon the present petitioners to face a trial then the complainant of the above mentioned criminal case shall be at liberty to apply for cancellation of the petitioners' bonds executed by them before the Investigating Officer and if such an application is submitted by the complainant then the learned trial Court shall consider the same on its merits and shall decide the same in accordance with the law without being influenced in any manner by the observations made by the learned Sessions Judge, Sheikhupura in his order, dated 29-10-2004 or by any observation made in the present order passed by this Court.

4. In view of the observations made above the learned counsel for the parties have offered no resistance to setting aside of the impugned order dated 29-10-2004 passed by the learned Sessions Judge, Sheikhupura and it is ordered accordingly. H.B.T./F-40/L Order accordingly.