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1977 SCMR 26

FAIZ MUHAMMAD AND Another vs The STATE

Citation1977 SCMR 26
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No. 68 of 1975 Criminal Miscellaneous Application No. 222
Judge(s)Muhammad Afzal Cheema, Sheikh Anwarul Haq
ResultAppeal partly accepted

1. ANWARUL HAQ, J.-After hearing the learned counsel for the parties, we have decided to convert this petition into an appeal and to dispose it of accordingly.

2. It is submitted by the learned counsel for the appellants that in fact incomplete addresses of the appellants were supplied by the State, with the result that the appellants were never served with the orders of the High Court in connection with the application for cancellation of bail. He submits that there has been never any question of the appellants absconding or willfully defaulting in appearance before the High Court, and it is for this reason that they are present today before this Court.

3. The learned Assistant Advocate General, Sind, submits that the appel--lants should have surrendered be ore the High Court, if indeed they want their case to be considered on merits. We are in agreement with the submis--sion made by the learned Assistant Advocate-General, for we find that the appellants' bail has not been cancelled on merits, but because of their failure to appear before the High Court. We would accordingly accept this appeal to the extent that the order of the High Court dated the 28th of July 1975 is set aside, and the appellants are directed to appear before the High Court on 9-1-76, so that their case for the grant or cancellation of bail may be considered on merits.

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