- A valid legal discretion exercised by the trial Court or the Shariat Court cannot be normally disturbed by this Court. It is always the perversity or arbitrariness of the discretion that calls for indulgence, by this Court. The circumstances warranting the cancellation of bail are some-what different than the circumstances for granting the bail. Sardar Muhammad Nazir Khan v. Javed Iqbal & others 1995 SCR 378 (A)
- As regards the question of the cancellation of bail of the accused respondents Nos. 1 to 6, it may be stated that the allegation against them was that they were also armed but according to prosecution case, they only kicked the deceased after he had fallen on the ground. According to the medical report no injury was found on the person of deceased which could be regarded to have been caused by kicks. Thus, their case is one of further inquiry. Despite the fact that the respondents 2 to 6 secured the pre-arrest bail, but considering the nature of allegation against them, it cannot be said at this stage that they are, prima facie, vicariously liable for the act attributed to Sharbat Khan accused. It is correct that in murder cases, pre-arrest bail is granted rarely; only when the accused is not shown to have been implicated in the case for ulterior motive. However, if it is found on the basis of allegations levelled against the accused are of such a nature that they do not connect him with the commission of offence charged, or that the same are negatived by the prosecution story, the bail cannot be cancelled merely because it was a pre-arrest bail. Muhammad Khalil Khan v. The State 1996 SCR 3 (B) 1995 SCR 240 relied
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