Law:

Section:

Bail-- ----Cross version--Every Cross case cannot make entitle an accused for concession of bail--It is not a rule but discretion and other attending circumstances are also to be taken into consideration. Prima Facie-- ----Single injury had been caused to deceased as per medical report and contents of FIR--Accused was charged for firing on the deceased and had also been attributed in FIR--Firing of one shot--Sufficient evidence to connect the accused with the offence unless it is rebutted during trial. Bail-- ----Self defence--Plea of--Lodging Cross case the accused party has committed to take that plea in their report--Such like pleas might be raised during trial and not at bail stage. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324 & 34--Cancellation of bail--No good ground for recalling bail--Principle of grant of bail and cancellation are altogether different--Complainant is required to make out a case for cancellation by bringing material on record that either accused granted bail have misuse the concession of bail or tampered with the evidence--Exceptional circumstances for cancellation of bail--Petitions were dismissed. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, JUSTICE---.--- Through this single order, I propose to dispose of the instant petition for bail moved by petitioner Farmanullah and Crl. MBC No. 405/2009 moved by Ajmal Khan petitioner for cancellation of bail granted to accused-respondents Ghulam Muhammad and Fahimas both the petitions are the outcome of one and the same FIR No. 334 dated 2.8.2009 registered under Sections 302/324/34 PPC at Police Station Lakki Marwat. 2. The complainant reported to the police that on the day of occurrence at 0845 hours he alongwith his brothers Abdul Khanan,Iqbal Khan and Mashal Khan were proceeding towards their house and when they reached to the Chauk of their village, in the meanwhile accused Ghulam Muhammad armed with .12 bore shotgun, Farman and Fahimullah with .303 bore rifles emerged there.Ghulam Muhammad co-accused directed the other accused to kill the complainant party. On this Farmanullah accused-petitioner with his rifle fired one shot…

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