SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the order dated 25-1-1987 of the Lahore High Court dismissing the application of the petitioner for cancellation of bail granted by the Sessions Judge, Sargodha to respondents Nos. 1, 2, and 3 who were involved in a case registered under section 307, read with sections 109 and 149, and section 148 of the Pakistan Penal Code.
2. The learned Single Judge in the High Court who dismissed the application of the petitioner observed that it was highly improbable for the learned Sessions Judge to have admitted the respondents to bail after their bail application had been dismissed on merits by the High Court. He however, declined to interfere with the order fort two reasons: namely:-
(i) The case was at evidence stage and was likely to conclude shortly, and
(ii) the respondents had undertaken that they would make earnest efforts to see that the trial comes to an end quickly and that they would not impede or thwart the trial in any manner.
Learned counsel for the petitioner states that both these expectations have not materialised. The learned Magistrate who was seized of the case has since been transferred and his successor has not been appointed. Consequently, the hope that the trial would conclude shortly has disappeared.
Apart from that, the conduct of the respondents is such that it was calculated to delay the completion of the trial on one pretext or the other.
3. We do not think this is a fit case for interference by this Court with the order of the learned Single Judge. Since the grounds upon which the learned Judge had refused to cancel the bail of the respondents have proved illusory the petitioner may move the High Court again for cancellation of the bail granted to the respondents. It will be of course for the High Court to consider whether in the circumstances now prevailing it would like to reconsider its earlier order. This petition is accordingly dismissed.