Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302/148/149

(a) Criminal Procedure Code (V of 1898) -- S. 497(5) Cancellation of bail Principle Grant of bail in non¬ bailable offences is a concession which implies the condition that after release on bail the accused will not misuse the concession so extended ¬Accused so released, if found violent to take, revenge from the complainant, the prosecution witnesses or the police, his bail is liable to be cancelled. Tanveer Ahmed v. Muhammad Saqib and 2 others PLD 1994 SC 88 rel. (b) Criminal Procedure Code (V of 1898) -- S. 497(5) Penal Code (XLV of 1860), Ss.302/148/149 ¬Cancellation of bail Parties were close neighbours Accused after release on bail in collaboration with absconding accused had started causing terror to the complainant party and the situation had become very tense which could invite some other misfortune Sufficient material had been produced to indicate that situation at the site had deteriorated after the release of accused on bail Bail allowed to accused was cancelled in circumstances. Tanveer Ahmed v. Muhammad Saqib and 2 others PLD 1994 SC 88; Shahzaman and 2 others v. The State and another PLD 1994 SC 65; Khalid Mahmood v. Abdul Qadir Shah and another 1994 PCr.LJ 1784 and Malik Anjum Farooq Piracha v. Waqar Zafar Chauhan alias Wikki and 2 others 1994 SCMR 1230 ref. I.A. Hashmi for Applicant. Ghulam Mustafa Memon for Respondents Nos. 1 to 4. Habib ur Rashid for the State. ORDER Complainant Nazar Masih through this criminal. miscellaneous application has sought the cancellation of bail granted to Shera Masih by this Court vide order, dated 27 3 2001 and rest of the respondents granted by the trial Court on the basis of aforesaid bail order passed by this Court. The brief facts of the case are that on 14 12 2000 the F.I.R. of complainant Nazar Masih was recorded wherein he stated that his maternal uncle and uncle Ashraf were residing near the residence of Ilyas Masih For the last about few days the dispute was going on between them. On the date of incident at about 10 30 hours amicable settlement was to be made through Nakemards namely Sardar Ghazi Chakwala Khan Pangoowala and others who tried to pacify the situation. The settlement talks were to be held…

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