Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497(5)---Constitution of Pakistan (1973), Art. 185(3)---Cancellation of bail---Petition for leave to appeal was barred by 290 days---Not only a period of ten months of said delay had remained totally unexplained but the explanation for the remaining period was also wholly insufficient---Since huge public revenue was involved in the matter inquiry was directed to be held to find out the cause behind the relevant omissions and the circumstances leading to the cause of delay in filing the petition on behalf of the State---Impugned order of High Court granting bail to accused might not only be erroneous but rather illegal and notice was consequently issued to the accused for contesting the petition for leave to appeal. Akhlaq Ahmad Siddiqui, Advocate Supreme Court/Advocate-on-­Record for the State. Nemo for Respondent. Date of hearing: 4th January, 2000 ORDER This petition, filed by the State, is barred by no less than 290 days. Bail was granted to respondent, Muhammad Usman Farooqui by the High Court in the sum of Rs.1 million on 23-10-1998. No certified copy of such impugned order of the High Court was applied for up to 7-8-1999. What is more, the application for condonation of delay is manifestly silent as to the said period. For the sake of convenience we would reproduce here the relevant facts in the mentioned application. Such are these:-- (1) That the Hon'ble High Court granted bail to the respondent on 23-10-1998 in the sum of Rs.one million with P.R. Bond in the like amount. (2) That the office of the petitioner applied for copy of order on 7-8-1999 and copy was made ready on 13-8-1999. (3) That after obtaining copy of order, the office of the petitioner sent the same to the Ministry of Interior at Islamabad for approval of filing a petition for leave to appeal. (4) That due to communication from one department to another and one authority to another for examination of the matter the petition could not be filed in time and that the time was consumed in office routine which was beyond the control of the petitioner/department. (5) That it is submitted that the case may be decided on merits as huge…

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