NAIMUDDIN, J.---This appeal, by leave, is from the order passed by a learned Single Judge of the Peshawar High Court, Peshawar dated 4-9-1989 granting bail to the respondent on medical ground. It is stated at the Bar that the trial has commenced. In such a circumstance, normally, the appellate Court does not consider proper to cancel the bail granted by the lower Court. In the case of Muhammad Ismail v. Muhammad Rafique and another, PLD 1989 SC 585, our brother Muhammad Afzal Zullah, J. (as his Lordship then was) while expressing the opinion of the Court on the above point, observed as follows:-- "However, the above-stated position notwithstanding, after hearing the learned counsel we feel that this appeal merits to be dismissed. Firstly, if the merit points involved herein are determined, the very practice relied upon by the learned counsel will go against the appellant. The trial is to commence within a fortnight; hence cancellation of bail at this stage would not be proper."
Therefore, we would dispose of this appeal with the observation that the trial Court will conclude the trial as expeditiously as possible and without any undue or long adjournments.
2. We have refrained from giving a decision on merits of the case lest any of our observations may prejudice the case of either party.
3: We may further add that if the respondents try to delay the trial in any manner, the appellant shall be entitled to apply to the trial Court for cancellation of the bail according to law. '"