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2017 SCMR 679

Muhammad Farid Khan vs Muhammad Ibrahim etc.

Citation2017 SCMR 679
CourtSupreme Court of Pakistan
Case No.Civil Appeal No, 904 of 2013
Date2016-11-30
Judge(s)Dost Muhammad Khan, Tariq Pervez
ResultAppeal allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal petition for leave to appeal arose from a challenge to a High Court order declining the cancellation of bail previously granted to the respondents. The primary legal issue was whether the High Court exercised its discretion properly in maintaining the bail order. The Supreme Court held that the parameters for the cancellation of bail are significantly more stringent than those for the initial grant of bail. It was observed that once a competent court grants bail, it should not be cancelled unless the order is perverse, arbitrary, or suffers from a jurisdictional defect, or if the accused has misused the concession of bail by interfering with the investigation or threatening witnesses. The Court emphasized that the cancellation of bail involves the withdrawal of liberty already granted, requiring strong and exceptional circumstances. Finding no illegality or irregularity in the impugned order, the Supreme Court refused to interfere and dismissed the petition. The judgment reinforces the principle that bail cancellation requires proof of the order being patently illegal or the accused's conduct being prejudicial to a fair trial.

Laws & provisions referred
  • Section 497 Cr.P.C.
  • Section 497(5) Cr.P.C.
bail cancellationpost-arrest bailSection 497(5) Cr.P.C.liberty of personjudicial discretioncriminal lawSupreme Court

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