Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.397, 302, 201, 202, 203, 411, 148 & 149---Robbery or dacoity, with attempt to cause death or grievous hurt, qatl-e-amd, causing disappearance of evidence of offence intentional omission to give information of offence by person bound to inform, giving false information respecting an offence committed, dishonestly receiving stolen property, rioting and common object---Petition for cancellation of bail---Accused was not charged by name in the F.I.R.---Act of firing had been attributed to all accused persons, and the question as to firing of which accused proved fatal, was yet to be determined by the Trial Court---No identification parade of accused had been conducted, which was the most important evidence in such like cases---Complicity of accused in the case, was on the basis of charge by co-accused---Discovery and recovery of stolen motorcycle on the pointation of accused, which prima facie seemed illusive, concocted and planted---Contradiction existed regarding registration number of said motorcycle; there were three versions in that respect, and which one was correct, was yet to be determined during trial after recording evidence---Circumstances had made the case that of further inquiry---Mere registration of F.I.Rs. of a like nature against accused without any of conviction, could not be a ground for recalling the bail of accused---Bail, in circumstances was rightly granted to accused, which could not be cancelled, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 497(5)---"Grant of bail" and "cancellation of bail"---Principles---Principles governing the grant of bail and the cancellation of bail, stood substantially on different footings---Once bail had been granted by a competent court of law, strong and exceptional grounds were required for cancellation thereof and it had to be seen as to whether the bail granting order was patently illegal, erroneous and factually incorrect; and had resulted in miscarriage of justice---Courts were always slow to cancel bail already granted, as the liberty of a person could not be curtailed on flimsy…

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