Mst. Sabiha vs Muhammad Asim alias Asim S — 2026 MLD 132 PESHAWAR-HIGH-COURT

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Mst. Sabiha VS Muhammad Asim alias Asim S. 497(5)---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, cancellation of---Complainant and victim not provided opportunity of being heard---Effect---Trial Court granted bail to the respondent-accused---Victim moved application for the cancellation of bail asserting that she was not even arrayed as a respondent to the bail petition and bail was allowed to the respondent without issuing her any notice or granting her an opportunity of being heard---Similarly, the complainant also filed petition, seeking the cancellation of the bail on merits, as he did not deny the issuance of notice to him---Held: Person accused of non-bailable offence, referred to in subsection (1) of S.497, Cr.P.C, shall not be released on bail unless the prosecution has been given prior notice---Said provision does not provide any way for the Court seized of the matter to dispense with the mandatory requirement of issuing notice in cases involving any relationship between the victims---Issuance of a notice to the State and the victim is mandatory before a person accused of non-bailable offence is released on bail---In the instant case, the respondent did not even make the victim a respondent in the very bail petition, let alone issued or served notice on her or provided an opportunity of being heard by the Court granting bail---Consequently, the bail granting order appeared to be against the express provisions of law---Similarly, in the second bail petition submitted by the respondent, the victim was, though made a respondent, however, said petitioner was not issued any notice---Perusal of order sheets further revealed that there was no order directing the issuance of notice to the victim---Fact remained that no notice was served upon the victim---Therefore, it was quite obvious that in this case, too, the bail was granted without issuing notice to the victim---Hence, in this case, the bail granting order was also found to be against the express provisions of law and the principles laid down for the purpose---Petition for cancellation of bail was allowed, in circumstances.

Mst. Sabiha vs Muhammad Asim alias Asim S — 2026 MLD 132 PESHAWAR-HIGH-COURT

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