2011 S C M R 1332

[Supreme Court of Pakistan]

Present: Mian Hamid Farooq and Syed Zawwar Hussain Jaffery, JJ

REHMATULLAH---Petitioner

Versus

THE STATE and another---Respondents

Criminal Petition No. 215-L of 2009, decided on 17th April, 2009.

(Against the order dated 19-3-2009 passed by Lahore High Court,

Lahore in Criminal Miscellaneous No. 11744-BC of 2008).

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), S. 302/34---Constitution of

Pakistan, Art. 185(3)---Qatl-e-amd---Bail, confirmation of---Bail granted
to petitioner was cancelled by the High Court, when according to the
order itself, the trial was at the verge of conclusion---Only one or two
witnesses were yet to be recorded---Courts should not grant or cancel
bail when the trial was in progress; and proper course for the courts in
such a situation, could be to direct the Trial Court to conclude the trial
of the case within a specified period---Impugned order having been
passed in violation of the law, Supreme Court could not subscribe to
the same---Petition for leave to appeal was converted into appeal and
was allowed and bail granting order passed by the Supreme Court was
confirmed, with direction to conclude the trial of the case within
specified period.
Muhammad Hanif v. Shafqat Nazir and others 2007 SCMR 1857 and
Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68 rel.
Muhammad Hanif v. Shafqat Nazir and others 2007 SCMR 1857 ref.
Malik Muhammad Imtiaz Mahal, Advocate Supreme Court and Haji
M. Rafi Siddiqui, Advocate-on-Record for Petitioner.
Alamgir, A.P.-G. for the State.
Mian M. Sikandar Hayat, Advocate Supreme Court for the
Complainant.
Date of hearing: 17th April, 2009.

ORDER

MIAN HAMID FAROOQ, J.---Petitioner seeks leave to appeal against

the order dated 19-3-2009, whereby learned Lahore High Court, Lahore
accepted respondents' application (Criminal Miscellaneous No.11774-
BC of 2008) and cancelled the bail granted to the petitioner by learned
Additional Sessions Judge, Khushab in a case registered vide F.I.R. No.
524 of 2008 for the offences under sections 302/34, P.P.C.
2. Learned counsel has reiterated the contentions noted in the order
dated 6-4-2009, passed by this court. Learned counsel for the
respondents, while relying upon Muhammad Hanif v. Shafqat Nazir
and others (2007 SCMR 1857) and Mst. Qudrat Bibi v. Muhammad Iqbal
and another (2003 SCMR 68), supported the order of the learned High
Court and stated that bail granted to the petitioner was rightly
cancelled by the learned High Court as specific shot was fired by him
and there was sufficient evidence to connect the petitioner with the
commission of offence. Learned A.P.-G. has submitted that the trial is
in progress and one or two witnesses are remained to be examined.
3. Heard. The petitioner was granted bail on 21-11-2008, which was
cancelled by the learned High Court on 19-3-2009, when according to
the order itself the trial was at the verge of conclusion. Learned
Additional Prosecutor-General stated that now only one or two
witnesses are yet to be recorded. The courts should not grant or cancel
bail when the trial is in progress and proper course for the courts in
such a situation would be to direct the learned trial Court to conclude
the trial of the case within a specified period. Reference may be made
to Haji Mian Abdul Rafique v. Riaz ud Din and another (2008 SCMR
1206). We find that the impugned order was passed in violation of the
law, therefore, we cannot subscribe to it. In view whereof, we are
persuaded to allow this petition and direct the learned trial Court to
conclude the trial of the case expeditiously.
4. For the foregoing reasons, present petition is converted into
appeal, allowed and bail granting order dated 6-4-2009, passed by this
court, is confirmed. However, learned trial Court is directed to
conclude the trial of the case within a period of two months from the
date of receipt of copy of this order.
H.B.T./R-5/SC Appeal allowed.
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