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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD YOUNUS VS Respondent: STATE
2001 Y L R 852
2001 Y L R 852
[Karachi]
Before Ghulam Nabi Soomro and Atta-ur-Rehman, JJ
MUHAMMAD YOUNUS---Applicant
versus
THE STATE---Respondent
Criminal Revision Application No.58 of 2001, decided on 1st June, 2001.
Criminal Procedure Code (V of 1898)---
----Ss. 497(5) & 439--Bail, cancellation of-- Accused remained absent on single date of hearing and nothing was on record to suggest that the accused had ever remained absent again or had earlier misused the concession of bail---Order of cancellation of bail of the accused on account of his absence on one date and his failure to produce medical certificate or medical certificate not showing any disease, would not be a good ground-- Order of cancellation of bail being very harsh and suffering from impropriety, was set aside.
Gulzaman Khan for Applicant.
Habib Ahmed, A. A.-G.
ORDER
In this revision application the order of the learned trial Court i.e. Special Court (CNS), Karachi, Division, cancelling the bail of the accused Muhammad Younus for his absence on a single date i.e. 28-3-2001 has been called in question.
There is no denial of the fact that they applicant-accused remained absent on a single date of hearing. There is nothing on record to suggest that the applicant had remained absent in the past or had earlier misused the concession of bail, since 20-7-1997. The order of cancelling the bail of accused for a single date of his absence for the only reason that he failed to produce the medical certificate or medical certificate did not show any disease would indeed be not a good ground for cancelling the bail. The order of cancellation of bail appears to be very harsh. It suffers from impropriety and same is set aside. The revision application is allowed. The applicant shall remain on the same surety and on the same terms and conditions.
H.B.T./M-204/K Application allowed