Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss.324, 148 & 149---West Pakistan Arms Ordinance (XX of 1965), S.13---Attempt to commit qatl-e-amd, rioting armed with deadly weapons---Application for cancellation of bail, refusal of---Allegation against accused was that he caused injuries by blow of "butt" of gun---Order of court below had revealed that injured was not found present at the time and place of occurrence and had withdrawn his application for pre-arrest bail in the cross-version of the same case---Accused not having misused the concession of bail, application for cancellation of bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Bail, cancellation of---Principles--- Considerations for cancellation of bail are totally different from those required for the grant or refusal of bail---Factors to be considered for cancellation of bail are; conduct of parties after bail; whether accused is misusing the facility of bail or is likely to abscond; whether accused is hampering the investigation or is threatening the witnesses and whether accused is creating obstruction in the course of justice. ORDER IFTIKHAR HUSSAIN SHAH, J.---Muhammad Yousaf Khan, petitioner, who is the complainant of case F.I.R. No.139 dated 8-8-2011 registered under sections 324/148/149, P.P.C. read with section 13/20/65 of the Arms Ordinance at Police Station, Musa Khel District Mianwali, has made the present petition under section 497(5), Cr.P.C. for cancellation of bail granted to respondent No.2 Imran Khan, by the learned Additional Sessions Judge, vide order dated 10-9-2011 on the ground that specific role of causing injury at the person of Mohsin Nawaz was attributed to him and the weapon of offence was yet to be recovered and the learned Additional Sessions Judge has confirmed his pre-arrest bail arbitrarily. 2. On the other hand, the application was opposed by the learned counsel for respondent No.2. It is contended that it was found during the investigation that Mohsin Nawaz was not present at the spot at the time of occurrence and he had withdrawn his pre-arrest bail in the cross-version,…

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