NISAR AHMAD vs THE STATE — 1970 PCRLJ 1171

Citation: 1970 PCRLJ 1171

Court: Lahore High Court

Year: 1969

Decision Date: 1969-10-14

Parties: NISAR AHMAD vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 1171

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: NISAR AHMAD vs THE STATE Case No.: Criminal Miscellaneous Nos. 4054-55 of 1969 Date of Judgment:1969-10-14 Reported As: 1970 P Cr. L J 1171 Result: bail allowed Judgment ORDER Nisar Ahmad petitioner was named is the F. I. R. As one of the three accused in a case of murder. He was found innocent by the Investigating Officer who placed him in column No. 2 and also allowed him bail. After having examined some witnesses in the course of inquiry wherein the P. Ws. Equally implicated the petitioner, the learned Magistrate cancelled the bail allowed to him. Having unsuccessfully approached, the learned Sessions Judge for his enlargement the petitioner has now approached this Court. 2. The sole contention raised by the learned counsel for the petitioner is that under subsection (5) of S. 497, Cr. P. C., the learned Inquiry Magistrate was not competent to cancel bail which had not been allowed by himself and as such the order passed by him was without jurisdiction. It appears that there are only a few authorities available on the point and the learned Advocate, General could lay hands only on Lakhamsi and another v. Emperor (AIR 1953 Sind 331) the authority relied upon by the learned counsel for the petitioner himself. In this authority, while interpreting the expression "a person released by itself", the learned Judge found that no order for cancellation of bail could be passed by the learned Magistrate unless he…

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