Law: Criminal Procedure Code (V of 1898)

Section: 497 (5)

Criminal Procedure Code (V of 1898)-- ---S. 497 (5)---Cancellation of bail allowed by superior Court---Accused after having been released on bail by High Court in a case registered under S.307/34, P.P.C. absconded for a period of more than four months---Bail bonds of accused were forfeited and warrants of their arrest were issued in consequence whereof they appeared before Trial Court (Sessions Court) which made a reference to High Court for cancellation of bail granted to accused---Held, where accused jumped bail by remaining absent for about four months they forfeited the concession extended to them and issuance of non-bailable warrants against accused amounted to cancellation of bail---No reference to High Court for cancellation of bail was thus necessary in circumstances. Mirza Muhammad Ibrahim v. Emperor AIR 1932 All. 534; The State v. Piass Ali PLD 1986 Kar. 355; Raja Waheeduzzaman v. The State 1985 P Cr. LJ 1238 and The Crown v. Khushi Muhammad PLD 1953 FC 170 ref. Ahmad Khan Barakzai for Appellant. Shaukat H. Zubedi, A.A.-G. for the State. ORDER Accused Muhammad Ashraf, Muhammad Saeed, Muhammad Rasheed Qureshi and Arif who were detained in Crime No.650 of 1988, P.S. Gulshan-e- Iqbal, Karachi, under section 307/34 P.P.C., were allowed bail on 6-12-1988 by my brother Agha Abdul Rasool, J. in the sum of Rs. 20,000 each with P.R. in the like amount to the satisfaction of trial Court. The accused furnished surety and were released on bail. Accused Muhammad Ashraf and Muhammad Rasheed Qureshi, however, jumped bail and were absconding for a period of more than four months. Their bail bonds were forfeited and warrants of their arrest were issued and in consequence thereof they appeared before the trial Court on 26-7-1989. The learned Vth Additional Sessions Judge (East) Karachi, before whom the case is pending, has made a reference to this Court for cancellation of bail granted to above accused. The jurisdiction of the Sessions Court and this Court in matter of cancellation of bail being concurrent, it was considered necessary to examine whether any reference to this Court was at all necessary. I have, therefore, heard Mr. Shaukat H. Zubedi, learned AA.-G. for…