Law:

Section:

Criminal Procedure Code (V of 1898) S.497(5)Constitution of Pakistan (1973), Art.185(3)Cancellation of bailConversion of . petition into appealSupreme Court, in cancellation of bail matters, ordinarily would not disturb the tentative opinion expressed by High Court, if it was based on cogent reasons, but in the present case the same was lacking Discretion as conferred upon High Court had been exercised by it in the case in a capricious and arbitrary manner without diligent application of mind which had resulted in serious miscarriage of justiceHigh Court had not taken into consideration the serious allegations duly supported by oral version of victim and corroborated by medical evidence as well as by the report of Chemical ExaminerOrder of High Court being laconic and not in accordance with settled norms of justice, was set aside by the Supreme CourtPetition filed for leave to appeal was converted into appeal and was accepted with direction that accused should be taken into custody immediately. ORDER JAVED IQBAL, J. It 'transpires from the scrutiny of record that the discretion as conferred upon the High Court has been exercised in a capricious and arbitrary manner without diligent application of mind which resulted in serious miscarriage of justice. The learned Judge in the High Court has not taken into…

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