Three successive bail petitions filed by the petitioner

Three successive bail petitions filed by the petitioner were withdrawn by him and the last petition was dismissed by the Hon’ble High Court on the basis of the principle laid down in the afore mentioned case of Amir Masih. The august Supreme Court allowed the petition while setting aside the order of the Hon’ble High Court and ordered for its decision a-fresh by the High Court. The august Court while allowing the petition observed as under: “In the peculiar circumstances of the case we have found the consensus between the parties to be justified because the merits of the petitioner’s case for bail had never been attended to by the Lahore High Court, Multan Bench, Multan in the orders passed by (sic) in all the three successive applications filed by the petitioner for the said relief and every time such application was allowed to be withdrawn the withdrawal so sought and allowed was nothing but withdrawal simpliciter. This petition is, therefore, converted into an appeal and the same is allowed, the impugned order passed by the Lahore High Court, Multan Bench, Multan on 19-06-2013 is set aside, Criminal Miscellaneous No.2084-B of 2013 shall be deemed to be pending before the said Court and the same shall be decided afresh after attending to the merits of the petitioner’s case for bail”.

PLJ 2013 SC 762