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Petitioner: BAKHSH ALI VS Respondent: ALI GUL
1988 S C M R 1821
1988 S C M R 1821
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ
BAKHSH ALI‑‑Petitioner
versus
ALI GUL and another‑‑Respondents
Criminal Petition No.3‑Q of 1988, decided on 7th June, 1988.
(From judgment/order of Baluchistan High Court, Quetta dated 18‑4‑1988 in Criminal Bail Application No.44 of 1988).
(a) Criminal Procedure Code (V of 1898)‑‑
‑‑‑Ss.497/498‑‑Bail, cancellation of‑‑Bail, granted to accused by High Court, cancelled by Supreme Court for reasons to be recorded separately‑‑Order of High Court modified and trial Court directed to pass appropriate order with regard to taking of accused into custody and issuance of non‑bailable warrant against him.
(b) Criminal Procedure Code (V of 1898)‑
‑‑‑3s.497/498‑‑Criminal Law (Special Provisions) Ordinance ( II of 1968)‑‑Bail‑‑Case of accused referred to Tribunal for trial under Criminal Law (Special Provisions) Ordinance, 1968‑‑Question whether or not bail of accused be .cancelled was to be dealt with by said Tribunal‑‑Accused was also at liberty to apply to said Tribunal for being released on bail, after some evidence was recorded.
Tahir Muhammad Khan, Advocate Supreme Court and S.A.M.Qadri, Advocate‑ on‑Record for Petitioner.
Basharatullah, Advocate Supreme Court and M.K.N.Kohli, Advocate‑on‑Record for Respondents Nos.l to 4.
Yakub K.Eusufzai, Advocate‑General, Baluchistan for the State.
Date of hearing: 7th June, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑For the reasons recorded separately this petition is converted into an appeal and the appeal is partly allowed, in that the impugned order of the High Court is modified to the extent that the bail granted to Ali Bux son of Ali Gul, respondent-4 herein is cancelled. In result, the surety‑bond executed on his behalf, and personal bond executed by him are cancelled, and the respondent Ali Bux son of Ali Gul shall surrender to jail custody. The trial Court shall pass the appropriate orders in this regard, including the t issuance of non‑bailable warrants against him.
It is hereby clarified that it will be open to the Tribunal to whom the case has been referred for trial under the provisions of Criminal Law (Special Provisions) Ordinance, II of 1968, to (teal with the question whether the bail granted to the other accused Should be cancelled or not at any subsequent stage. It will also be open to the respondent Ali Bux son of Ali Gul to apply to the Tribunal for release on bail after some evidence is recorded, and if such and application is made the Tribunal shall deal with it and pass any orders in accordance with law.
M.Y.H./B‑69/S Order accordingly.