IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
Mr. Justice Asif Saeed Khan Khosa, CJ 
Mr. Justice Ijaz Ul Ahsan 
 
 
 
Criminal Petitions No. 562, 563 and 564 of 2019 
(Against the judgment dated 04.03.2019 passed by the Peshawar 
High Court, Peshawar in Bail Cancellation Application No. 2358-P, 
2088-P of 2017 and 2359-P of 2017) 
 
 
Fawad Ali   
 
 
(in all cases)  
 
 
…Petitioner 
 
 
 
 
 
versus 
The State, etc.  
(in all cases) 
          …Respondents 
 
 
For the petitioner: 
Syed Rifaqat Hussain Shah, ASC 
(in all cases) 
 
For the respondents: 
N.R. (in all cases) 
 
Date of hearing: 
25.07.2019 
 
 
ORDER 
 
 
Asif Saeed Khan Khosa, CJ.:  
 
Criminal Miscellaneous Applications No. 772, 773 and 774 of 
2019 in Criminal Petitions No. 562, 563 and 564 of 2019 
 
  
The main petitions are barred by 45 days and the reason 
mentioned 
in 
these 
miscellaneous 
applications 
seeking 
condonation of the delay in filing of the main petitions has not 
been found by us to be valid or sufficient for the purpose. These 
miscellaneous applications are, therefore, dismissed.  
 
Criminal Petitions No. 562, 563 and 564 of 2019 
 
2. 
These petitions are dismissed as barred by time.  
Criminal Petitions No. 562, 563 and 564 of 2019 
 
2
 
3. 
Before parting with this order we would like to observe that 
these petitions seeking cancellation of the private respondents’ bail 
are even otherwise misconceived because the impugned judgments 
passed by the High Court show that during the pendency of the 
proceedings before the High Court the private respondents in these 
petitions had failed to appear and resultantly non-bailable 
warrants for their arrest had been issued which could not be 
executed. The law already stands settled that if an accused person 
admitted to bail is subsequently declared a Proclaimed Offender or 
non-bailable warrants for his arrest are issued then such 
declaration or issuance of non-bailable warrants ipso facto 
amounts to cancellation of that accused person’s bail. A reference 
in this respect may be made to the cases of Yusuf Masih v the State 
(1987 P.Cr.L.J. 1412), Muhammad Boota v Muhammad Arshad and 
another (Criminal Miscellaneous No. 1481-CB of 2009 decided by 
the Lahore High Court, Lahore on 09.02.2009), Sharafat Ali v The 
State, etc. (Criminal Revision No. 680 of 2008 decided by the 
Lahore High Court, Lahore on 15.04.2009 which order was 
subsequently upheld by this Court through the order dated 
04.06.2009 passed in Criminal Petition No. 438-L of 2009) and 
Atta-ur-Rehman v Rana Phool, etc. (Criminal Petition No. 558-L of 
2014 decided by this Court on 17.07.2014).  
    
 
Chief Justice 
 
Judge 
Islamabad 
25.07.2019 
Approved for reporting.  
 
Arif 
