' FAZAL ILAHI KHAN, J.---The order of conviction of the petitioner, passed by learned Sessions Judge, Gujrat dated 14-6-1989 under section 302, P.P.C., awarding him the sentence of imprisonment for life, was challenged in appeal in the Lahore High Cburt, Lahore which was admitted for regular hearing. The complainant also filed Criminal Revision Petition No,543/89 against the judgment of the learned Sessions Judge for enhancement of the sentence imposed upon the accused/appellant. The learned High Court on the observation that appeal against the conviction having been admitted to regular hearing the revision petition was ordered to be heard alongwith the said appeal by order dated 16-6-1994. However, on 13-7-1994 the revision petition was again placed before MrJustice Abdul Majid Tiwana, the then learned Judge of the High Court, in isolation of the appeal. The learned Judge without hearing and without giving notice to the appellant cancelled the bail of the appellant who had been released on bail on the ground that he had remained for about four years in jail after his conviction and his appeal was undisposed of.
2. Leave was granted on 6-12-1994 to consider; whether the learned High Court was justified in recalling the bail order, without notice, on facts and circumstances of the case, while hearing the revision petition for enhancement of sentence.
3. We have heard Dr.Khalid Ranjha, Advocate appearing for the appellant and Ch. M. Akram, Advocate Supreme Court for the State and have gone through the orders. Admittedly the appellant was convicted and sentenced to imprisonment for life for offence under section 302, P.P.C. By the learned Sessions Judge, Gujrat, vide order dated 14-6-1989. Bail was granted in Criminal Appeal No,578 of 1989 filed by the appellant against his conviction and as his appeal was not before the learned High Court the said order could not have been recalled. Even if the learned High Court was of the view, after hearing the learned counsel for the petitioner in revision petition the proper course open to it was to have summoned the appeal file and serve notice on the appellant to show cause why his bail was not to be recalled and then after hearing the learned counsel could pass a legal order. Such being the case apparently the order of the learned High Court is not sustainable under the law. This appeal is, therefore, allowed, judgment and order of the learned High Court dated 13-7-1994 is set aside and in consequence the appellant shall be released from jail and he shall be deemed to be on bail in compliance with the order of the learned High Court dated 13-11- 1993 in Criminal Appeal No,578/89.
' Copy of the order be immediately sent to jail authorities for compliance.