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Supreme Court Sets 8 Rules for Cancelling BailPakistan
The Supreme Court has laid down eight principles for cancelling bail, ruling it can be revoked if the accused misuses the concession, tampers with evidence or if fresh proof emerges.
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According to the court’s judgment, authored by Justice Muhammad Ali Mazhar, the eight grounds on which bail may be cancelled are: first, that the order granting bail is prima facie illegal or unjust; second, that the accused misuses the concession of bail; third, that the accused attempts to influence prosecution witnesses; fourth, that the accused tampers with evidence or obstructs the judicial process; fifth, that the accused is likely to abscond beyond the court’s jurisdiction; sixth, that the accused interferes with a fair investigation; seventh, that the accused misuses his freedom to commit another offence of a similar nature; and eighth, that fresh facts or evidence emerge during an investigation indicating the accused’s involvement in the offence.
The ruling sets out a clear framework for trial courts and high courts when they are asked to cancel bail already granted. It makes clear that bail is a concession that can be withdrawn when the conditions on which it was granted are breached, or when new material comes to light that changes the basis on which it was allowed.
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The Supreme Court upheld the Sindh High Court’s decision in a case concerning a petition for cancellation of an accused person’s bail. It observed that a nine-month delay in registering the FIR and the accused’s alleged role required further investigation.
According to the case record, the incident occurred on March 3, 2024, within the jurisdiction of Rahmatpur Police Station in Larkana. Noor Hussain died after an electricity wire broke while power was being supplied to shops through an illegally drawn connection from a disposal phase’s special line.
On January 30, 2025, the Larkana sessions court rejected the pre-arrest bail application of accused Ali Asghar Khokhar. However, on October 20, 2025, the Sindh High Court’s Larkana circuit bench granted him bail, citing the nine-month delay in registration of the FIR and other grounds. The decision was subsequently challenged before the Supreme Court.
The Supreme Court also directed that a copy of the decision be sent to the WAPDA chairman for information. The court observed that WAPDA and the relevant utility company should examine the role of individuals involved in illegal electricity supply, power theft and private siphoning.
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