ORDER JAVED IQBAL, It transpires from the scrutiny of record that the discretion as conferred upon the High Court has been exercised in a capricious and arbitrary manner without diligent application of mind which resulted in serious miscarriage of justice. The learned Judge in the High Court has not taken into consideration the serious allegation duly supported by the oral version of the victim and corroborated by the medical evidence as well as the report of Chemical Examiner.
2. The learned Judge of the High Court did not notice all the relevant circumstances, in cancellation of bail matters this Court does not ordinarily disturb the tentative opinion expressed by the High Court if it is based on cogent reasons which are badly lacking in this case.
3. In such view of the matter the order dated 27.2.2002 passed by the Lahore High Court, Bahawalpur Bench, being laconic and not in accordance with settled norms of justice, is hereby set aside. These petitions are accordingly converted into appeals which are accepted and Muhammad Qasim and Haji Ahmed (respondents) should be taken into custody immediately.
4. Shahnawaz (respondent) is called absent in spite of notice and undertaking given by the learned counsel. The concerned S.H.O, and D.P.O, are hereby directed to get his arrest immediately under intimation to the Assistant Registrar of this Court within a week positively.