Case Details

Citation(s)
1977 SLG 90 1977 SLD 90 1977 SCMR 26
Supreme Court of Pakistan
Criminal Appeal No. 68 of 1975, in Petition for Special Leave to Appeal No. K-45 of 1975, decision dated: 19th December 1975
ANWARUL HAQUE AND MUHAMMAD AFZAL CHEEMA, JJ
M. H. Junejo, Senior Advocate and M. I. Memon, Advocate-on-Record for Appellants. M. A Ghani, Assistant Advocate General (Sind) for the State

FAIZ MUHAMMAD AND another

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 498-Bail, cancellation of-Bail not cancelled on merits but for failure to appear before High Court-Counsel for State submitting that appellants should have surrendered before High Court should they wish their case to be considered on merits-Appellants directed to appear before High Court on an appointed date so that their case for grant or cancellation of bail could be considered on merits.-[Bail]. JUDGMENT ANWARUL HAQ, J.-After hearing the learned counsel for the parties, we have decided to convert this petition into an appeal and to dispose it of accordingly. In connection with an F.I.R. registered on 5-10-73 regarding the murder of one Ali Bakhsh Junejo, the two appellants were granted pre-arrest bail by the High Court by its order dated the 20th of November 1973. On the 8th of February 1974, an application was moved by the State for the cancella­tion of bail, but the same could not be disposed of for a long time owing to the non-appearance of the appellants. At last the High Court issued notices to the surety, and by an order made on the 28th of July 1975, can­ celled the bail previously allowed to the appellants, on the ground that they had absconded. It was also directed that non-bailable warrants of arrest shall issue against them. It is submitted by the learned counsel for the appellants that in fact incomplete addresses of the appellants were supplied by the State, with the result that the appellants were never served with the orders of…
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