Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss.376, 511 & 452---Rape, house-trespass after preparation for hurt, assault or wrongful restraint---Application for cancellation of bail, refusal of---Nothing on record showed that accused had made any attempt to temper with the prosecution evidence or that he had misused the concession of bail---Order of court below, granting bail to accused, was well-versed and reasons advanced by the Court were well founded---Application for cancellation of bail was dismissed, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 foll. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Bail, cancellation of---Principles---Bail can be cancelled if the same has been granted in capricious manner either without assigning reasons or on the basis of perverse or invalid reasons---Bail can also be cancelled if accused attempts to tamper with the evidence, hamper investigation, commits or attempts to commit same offence or if he absconds after grant of bail---Provisions of subsection (5) of S. 497, Cr.P.C are not punitive in nature and there is no compulsion for cancelling the bail unless the bail granting order is patently illegal, erroneous, factually incorrect and had resulted in miscarriage of justice or where accused is found to be misusing the concession of bail by extending threats or tampering with the prosecution case. ORDER ABDUL WAHEED KHAN, J.---Through the instant petition under section 497(5), Cr.P.C. the petitioner has called in question the vires of order dated 4-10-2011 passed by learned Additional Sessions Judge, Attock; whereby Khalid Abbas/ respondent No.1 was admitted to bail in case F.I.R. No.383, dated 22-9-2011 offence under sections 376, 511, 452, P.P.C. registered of Police Station Saddar, District Attock. 2. Learned counsel for the petitioner contends that the impugned order dated 4-10-2011 has been passed without observing the mandatory provisions of law. It is next submitted that respondent is nominated in the F.I.R. and specific role has also been ascribed to him. Moreover, sufficient incriminating material is available on the record to…

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