Law:

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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Cancellation of bail before arrest--Held: Once the bail granted by a competent Court of law it cannot be recalled unless shown regarding its cancellation--There was no allegation against the accused of misusing the concession of bail, tampering with evidence or abscondence--No case for cancellation of bail was made out--Petition dismissed. 1981 P.Cr.L.J. 803, PLD 1984 Lahore 38, PLJ 1976 SC 204, PLD 1986 SC 118, 1985 SCMR 979, 2007 SCMR 1382 and 1546, 2006 SCMR 1292, PLD 1989 SC 585, PLD 1985 SC 1691. THIS ORDER PASSED BY: NAZEER AHMED GHAZI, JUSTICE---.--- Through this petition under Section 497 Cr.P.C. the petitioner/complainant Aslam Pervaiz son of Zawar Hussain seeks cancellation of bail before arrest granted to Gul Zamin Khan son of Mera Khan Respondent No. 2 (accused) by the Addl. District & Sessions Judge MianChannu vide order dated 30.5.2007 in case FIR No. 91-07 dated 23.03.2007, registered under Sections 365/420/468/471 PPC at Police Station City Mian Chunnun District Khanewal. 2. According to FIR, the assertion of the complainant Aslam Pervaiz is that in October, 2005 the present respondent/accused prepared forged documents of his son Arslan Ali minor and took him to England where the petitioner demanded an amount of rupees twenty lacs as "Tawan" from him. The respondent/accused allegedly refused to hand over the custody of Arslan Ali to him inspite of repeated demands. In this way the Respondent No. 2/accused committed the offences punishable U/Ss. 365/420/468/471 PPC. 2. Learned counsel for the petitioner/complainant in support of this petition submits that the learned trial Court has not properly examined the record of the case while granting pre-arrest bail of the accused/respondent. There was no mala fide on the part of the complainant to falsely involved the accused. The going of Arslan to London is not disputed. Further submits that the local police has not investigated the matter properly. 3. On the other hand, the learned counsel for the respondent/accused submits that the offences mentioned in the FIR are not made out. Even from the contents of the FIR and investigation of the…

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