' This application has been moved by the complainant of a case registered against respondent No, 1 and his father for murdering Muhammad Afzal. The occurrence took place on 14-3-1992 and the F.I.R. In the first instance was registered under section 324, P.P.C. The deceased was admitted in the hospital where he died on 23-3-1992 and section 302, P.P.C. Was added. The deceased was aged about 24 years. The occurrence took place in broad daylight i,e. At 10 a.m. The respondent No,1 moved an application for grant of bail which was entrusted to Sh. Hafeez-ur-Rehman learned Additional Sessions Judge, Rahim Yar Khan. In this application the bail was sought only on the ground of respondent No,1 being minor. This ground did not find favour with the said learned Additional Sessions Judge and his bail application was rejected through order dated 7-5-1992.
Criminal Miscellaneous No308/B of 1992(BWP) was moved before this Court on behalf of respondent No,1 in which notice was issued to the State. On the date when the arguments were heard the learned counsel for respondent No,1 during the course of arguments made statement that he did not want to press the said application. It was dismissed as withdrawn through order dated 7-7-1992. It may be mentioned here that neither in the application moved earlier and disposed of by Sh. Hafeez-ur-Rehman, learned Additional Sessions Judge Rahim Yar Khan nor in Criminal Miscellaneous No,308/B of 1992(BWP) moved before this Court any ground was taken for grant of bail on medical reasons. After getting the said bail application dismissed as withdrawn from this Court another bail application was moved on 16-7-1992 before the learned Sessions Judge, Rahim Yar Khan which was entrusted to Mr. Muhammad Ali Shad, learned Additional Sessions Judge, Rahimyar Khan. In this application no mention was made that his previous bail application had been dismissed by Mr. Hafeez-ur-Rehman learned Additional Sessions Judge, Rahimyar Khan and 9 days before he had already withdrawn the bail application from Bahawalpur Bench of this Court. In this application it was mentioned that the respondent No, 1 was (URDU TEXT).
No mention was made about the exact nature of the disease from which respondent No,1 was suffering. On 18-7-1992 notice was issued in this application for 21-7-1992. On 19-7-1992 another application was moved for medical examination of respondent No 1 on which report was called for from Jail Medical Officer, Rahimyar Khan which was received on 22-7-1992. In the report the respondent No,1 was shown to have suffered from the following disease.
(1) Pain Lt. Lumber Region.
(2) Burning micturation.
(3) Scanty urine and frequency of urine is irregular.
(4) Swelling lower eye lids especially in morning when he arrives.
(5) Cough with expectoration.
2. It was also stated by Medical Officer that respondent No,1 required specialized treatment which was not available in the jail hospital. The said bail application was accepted and the bail was granted to the respondent No,1 on medical ground through order dated 21-7-1992.
3. On coming to know the petitioner on 6-8-1992 filed an application for cancellation of the said bail which application has been rejected through order dated 30-9-1992. The petitioner now seeks cancellation of to the respondent No,1 through this application.
4. Learned counsel for the petitioner argued that there was deliberate oncealment of material facts in the bail application moved on behalf of espondent No,1 and disposed of by Mr. Muhammad Ali Shad, learned Additional Sessions Judge, Rahim Yar Khan inasmuch as it was not brought to he notice of the said learned Judge that the bail had already been declined by Hafeez-ur-Rehman learned Additional Sessions Judge, Rahim Yar Khan and that for about 10 days before, he had withdrawn his application for grant of bail moved before the Bahawalpur Bench of this Court. He also argued that the medico-legal report was false and the same was procured in collusion with Medical Officer, Rahimyar Khan as no mention was made about nature of the disease in the application from which the respondent No, 1 was suffering and in the previous two bail applications there is no mention of any disease.
5. The arguments have force.
6. Learned counsel for respondent No, 1 relied upon judgments reported as Muhammad Ismail v.
Muhammad Rafiq and another PLD 1989 SC 585, Mumtaz v. Sarfraz and 5 others 1977 SCMR 1, Haji Fazal Elahi v. Miss Farah Naz and another 1979 SCMR 109, Abdul Manan v. The State 1984 P Cr. L J 1615 and Munshi Khan v. Mazhar Hussain and another 1986 P Cr. L J 2850 to contend that at this stage even if bail had been granted wrongly the same should not be cancelled as the challan has already been submitted and the trial Court should be ordered to decide the same within time which may be fixea by this Court.
7. The respondent No,1 is guilty of concealment of material facts. I am not satisfied that report of Medical Officer of Jail Rahimyar Khan about his sickness is genuine. This application is pending before this Court since 19-10-1992. No material has been placed by respondent No,1 on record that after the grant of bail he was admitted in any hospital and got himself treated for the said diseases. The conduct of Mr. Muhammad All Shah, learned Additional Sessions Judge is also not satisfactory inasmuch as when brought to his notice that concealment of material facts was made while getting bail from him he expressed helplessness in the matter. A case under section 302, P.P.C. Has been registered against respondent No,1 therefore in my opinion the bail was obtained from Ch. Muhammad All Shad, learned Additional Sessions Judge through concealment of material facts.
8. For the foregoing reasons this application is accepted. The to respondent No, 1 by Mr. Muhammad Ali Shad, learned Additional Sessions Judge, Rahimyar Khan through order dated 21-7-