Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code (XLV of 1860), Ss. 302, 34 & 109--Constitution of Pakistan, 1973, Art. 185(3)--Appreciation of evidence--Entitlement for grant of bail--Validity--Concession of granted bail was recalled--While granting bail only tentative assessment of evidence is to be made whereas deeper appreciation of evidence is to be avoided. [P. 351] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(1)--Pakistan Penal Code (XLV of 1860), Ss. 302, 34 & 109--Constitution of Pakistan, 1973, Art. 185(3)--Appreciation of evidence--Entitlement for grant of bail--Validity--Concession of bail granted was recalled--A deeper appreciation of evidence is not called for and the Court seized of the matter in terms of 497(1) Cr.P.C. is required to make tentative assessment of evidence available on record--Respondent was failed to make out a case for cancellation of his bail--Petition to his extent dismissed--Bail granted to accused recalled. [P. 351] B & C Judgment Abdul Hameed Dogar, J.--Petitioner seeks leave to appeal against the order dated 28.4.2006 of a learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby Criminal Misc. No. 320/B/2006 filed by Respondent No. 2 Qadeer Ahmad and Respondent No. 3 Abdul Ghaffar was allowed and they were granted bail in a case registered vide FIR No. 482 dated 18.12.2005 at Police Station Shahzad Town, Islamabad for offences under Sections 302/34 and 109 PPC read with Sections 6 and 7 of Anti Terrorism Act, 1997. 2. Precisely stating facts of the case according to the complainant/petitioner are that on the night between 17/18.12.2005 at about 3.15 a.m. he heard noise of abuses from roof top and his son Zamir went there. Thereafter he, his son Shafique, wife of Zamir and son in law of Shabbir saw Qadeer Ahmad Respondent No. 2 armed with Kalashnikov and Respondent No. 3 Abdul Ghaffar armed with churri alongwith other co-accused namely Zahoor and Naseer who were also armed with deadly weapons. Respondent No. 3 Abdul Ghaffar raised lalkara that Zameer would not be let alive. Whereupon Respondent No. 2 Qadeer Ahmad and other co-accused…

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