Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 34--Cancellation of bail--Fire was not repeated inspite of opportunity available to accused--Further inquiry--Cancellation of bail was devoid of force--Grounds--Validity--Fire was not repeated inspite of opportunity available to the accused and such fact had created doubt about the intention to kill the complainant and therefore, it was a case of further inquiry--Held: Cancellation of bail was devoid of force on the grounds that, the accused cannot available benefit of order of High Court, because the matter decided was in respect of cancellation of grant of bail before arrest while the instant case deals with post arrest bail and different principles/parameters were applied and that the matter pertains to cancellation of bail which again is to be dealt with under different grounds which includes strong and exceptional reasons to be established--Application was dismissed. Cancellation of Bail-- ----Principles--Principles of cancellation of bail are different and needs strong reasons to recall the bail already granted by a competent Court of law. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, JUSTICE---.---- Zain-ud-Din, complainant/petitioner has moved this application for cancellation of bail granted to the respondent Farman, by the learned Additional Sessions Judge, Bannu dated 05.06.2010 in case FIR No. 636 dated 15.10.2009 under Section 324/34 PPC of Police Station City, Bannu. 2. Arguments heard and the available record perused. 3. According to the complainant, on the day of occurrence, he was selling `Cholay' in front of Police Station Saddar Bannu when at about 1230 hours Shah Qiaz, armed with Kalashnikov, Farman with pistol, and Raqeebaaz empty handed came there. Shah Qiaz and Farmanfired at him with which he was hit and got injured. Immediately after the occurrence, they decamped from the spot. 4. According to the learned counsel for the petitioner, this Court had once recalled bail granted to the respondent but the trial Court without considering the principle, laid down in the aforesaid order of this Court dated 30/4/2010, has granted bail to the…

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