RAB NAWAZ vs SHEHZAD HASSAN S — 2025 SCMR 1357 SUPREME-COURT

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RAB NAWAZ VS SHEHZAD HASSAN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 427, 109 & 34---Constitution of Pakistan, Art. 185 (3)---Qatl-i-amd, mischief, abetment, common intention---Application for cancellation of bail, dismissal of---Petitioner/complainant was aggrieved of grant of post-arrest bail to respondent/accused by High Court---Held: Accused was charged for committing murder of the brother of complainant---Bail, though a concession granted to ensure the liberty of an accused pending trial, is not an unqualified right and can be withdrawn, if misused---Bail may be cancelled if the accused, after securing release, engaged in conduct that undermined the administration of justice---Such grounds included attempt to influence or intimidate witnesses, tampering with evidence, committing another offence while on bail, or violating conditions imposed by the Court---Furthermore, if the accused fails to appear before the Court without just cause, or if new facts come to light that materially altered the basis on which bail was granted, the Court may justifiably revoke the concession---However, the liberty of an individual must be balanced against the need to ensure a fair trial and uphold public confidence in the justice system---Other than the above, the principles evolved for examining a bail granting order for the purpose of cancellation, the Court usually interferes on two grounds: (i) when the impugned order is perverse on the face of it, or (ii) when the impugned order has been made in clear disregard of some principles of the law of bail---Perverse order is one that has been passed against the weight of the material on the record or by ignoring such material or without giving reasons; such order is also termed as arbitrary, whimsical and capricious---Courts are not to indulge in the exercise of a deeper appreciation of material available on record at the bail stage and are only to determine tentatively, by looking at such material, whether or not there exist any "reasonable grounds" for believing that the accused person is guilty of the alleged offence---None of the said grounds for cancellation of bail were attracted in the present case---Accordingly, leave to appeal was declined and the petition was dismissed, in circumstances.

RAB NAWAZ vs SHEHZAD HASSAN S — 2025 SCMR 1357 SUPREME-COURT

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