Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 148, 149, 364 & 201---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, kidnapping or abducting in order to murder, causing disappearance of evidence of offence---Petition for cancellation of bail, dismissal of---Accused persons allegedly killed the deceased, however they were granted pre-arrest bail by the Trial Court---Validity---Accused persons were declared innocent by the investigating officer and case was found to be false and baseless---Dying declaration of deceased was also on record, wherein she had allegedly stated that she had taken poison herself---Authenticity of said dying declaration could be thrashed out after recording of evidence by Trial Court---Father of deceased also appeared before Medical Officer and recorded his statement to the effect that he did not want to proceed with the case anymore---No allegation of misusing or abusing concession of bail had been levelled by the complainant against accused persons---Petition for cancellation of bail was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---For cancellation of bail very strong, exceptional and cogent reasons regarding misusing, abusing, hampering with prosecution evidence and repeating of the same offence were required. Faisal Waheed v. The State 1999 PCr.LJ 882; Ehsan Akbar v. The State and 2 others 2007 SCMR 482; Mst. Noor Habib v. Saleem Raza and others 2009 SCMR 786 and Muhammad Azhar v. Dilawar and another 2009 SCMR 1202 rel. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497(5), Cr.P.C. the petitioner has sought cancellation of pre-arrest bail allowed to respondents Nos. 2 to 6 by the learned Additional Sessions Judge, Pakpattan Sharif vide order dated 25-4-2012. 2. The learned counsel for the petitioner in support of this petition contends that the learned Additional Sessions Judge by allowing pre-arrest bail to respondents Nos. 2 to 6 has exercised his jurisdiction in an improper manner. The learned Additional Sessions Judge has failed to appreciate this fact that according to the…

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