Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497(5)---Bail, cancellation of---Maintainability of the petition for bail, directly before High Court---Ordinarily, where the accused, after release on bail, misuses the same, interferes in the trial proceedings, extends threats to the witnesses or hinders in conclusion of the trial, the Court granting bail can cancel the same, on the basis of evidence before it, but if the bail granting order is without jurisdiction having been passed without observing the mandatory provisions of law or law laid down by superior Courts, the High Court has jurisdiction to entertain the application under section 497(5), Cr.P.C. directly for cancellation of bail of the accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.324/109/337-F(iii) & (vi)---Bail, cancellation of---Sessions Court had released the accused on bail only on the ground that the Trial Court had not concluded the trial within the period specified by it---Record had revealed that both the parties had contributed in delay in disposal of the case---Bail under S.497, Cr.P.C. could only be granted to accused by the Court after recording a definite finding that no reasonable grounds existed to believe his involvement in the case and that further inquiry was needed therein--­Accused was nominated in the F.I.R. with a specific role of firing and causing eight fire-arm injuries to the victim---Offence under S.324, P.P.C. was hit by the prohibitory clause of S.497(1), Cr.P.C.---Order granting bail to accused, thus, was illegal and without jurisdiction and the same was recalled accordingly. Mirza Khan v. Lal Khan and another 1976 PCr.LJ 324; Barkat Ahmad v. Said Akbar and 2 others 1981 PCr.LJ 1208; The State v. Zahid Rasool 1990 PCr.LJ 340; Nazir v. Amir Din and another 1971 SCMR 637 and Arbab Ali v. Khamiso and others 1985 SCMR 195 ref. ORDER Muhammad Khan who is complainant of. a case registered against respondent Muhammad Ijaz etc. vide F.I.R. No.50, dated 3-5-2003 for offences under sections 324/109/337-F(iii and vi), P.P.C. at Police Station, Katha Sagraal, District Khushab, seeks cancellation of bail under section 497(5),…

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