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Petitioner: MUSHTAQ AND Others VS Respondent: THE STATE AND Another
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain, M. S. H. Qureshi Title: MUSHTAQ AND Others vs THE STATE AND Another Case No.: Criminal Appeal No. 81 of 1982 Date of Judgment:1982-12-21 Reported As: 1983 SCMR 662 Result: Bail cancelled
Judgment ORDER ASLAM RIAZ HUSSAIN, ACTG. C. J.--Bail was granted to the petitioners by the learned Additional Sessions Judge, Bahawalpur but on application by Liaqat A.I complainant it was cancelled by the High Court vide the impugned order dated 20th November, 1982 mainly on the ground that the accused petitioners did not turn up in spite of having been served. The petitioners seek leave to appeal against this order. 2. The main contention urged by the counsel for the appellants before us was that there was no specific order by the learned Judge in Chamber requiring the appellants to appear before the Court. 3. We have, however, heard the learned counsel for the parties on merits and gone through the relevant documents including the judgment of the learned Additional Sessions Judge, Bahawalpur, granting them bail. Without making any observation which may prejudice the case of either party we are of the view that Mushtaq Ahmad and Rafi, appel--lants, who have been attributed the fatal blows are not entitled to grant of bail. Consequently, we convert this petition into appeal and dismiss it qua Mushtaq and Muhammad Rafi appellants. 4. The remaining appellants are entitled to grant of bail. The order of the High Court cancelling their bail is, therefore, set aside and the earlier order passed by the Additional Sessions Judge granting bail to them is restored.