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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: BASHUMAL VS Respondent: THE STATE and another
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hameed Dogar, Sayed Saeed Ashhad Title: BASHUMAL vs THE STATE and another Case No.: Criminal Petition No,78-K of 2006 Date of Judgment:2006-10-16 Reported As: 2007 SCMR 1382 Result: Bail allowed
Judgment ORDER ' ABDUL HAMEED DOGAR, J.--- This petition for leave to appeal is directed against the order dated 4- 10-2006 of a learned Judge in Chambers of the High Court of Sindh, Karachi, whereby Bail Application No,407 of 2006 filed by petitioner was dismissed. 2. The bail granted to petitioner has been cancelled by the learned High Court on the allegation that petitioner issued threats to the A complainant in the Court premises and used abusive language and thus, misused the concession of bail. In consequence whereof, his bail was recalled and he was taken into custody and sent to jail. 3. We have heard learned counsel for petitioner as well as the learned Additional Advocate- General Sindh who concedes to grant of bail to the petitioner. 4. Learned counsel for the petitioner submitted that the learned High Court did not provide an opportunity to the petitioner to rebut and deny the allegation of misuse of the concession of bail and passed the order of cancellation of bail in great haste without observing the requirements for cancellation of bail. He further submitted that bail once granted cannot be cancelled or recalled unless plausible, satisfactory and credible material is placed on record to establish one or more than one ground on which bail can be cancelled and that in the case in hand there no material was available on the basis of which it could be said that the petitioner had misused the concession of bail. 5. Accordingly, petition is converted into appeal and allowed and appellant Bashumal is admitted to bail in the sum of Rs,2,00,000 .(Rupees two lac) with one surety in the like amount to the satisfaction of trial Cour.