Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.452, 355, 337-A(iii) & 34---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force with intent to dishonour person, otherwise than on grave and sudden provocation, causing Shajjah-i-Mudihah, common intention---Cancellation of bail, petition for---Contention of complainant was that court below had granted bail to accused without hearing the complainant which was an illegality and should not go un-noticed---Such contention was not correct, as it was on record that court below did issue a notice to the complainant on his home address---Process-server tried his level best to serve the complainant but he was not available at his home---No other option was left with the bail granting court, but to decide the bail petition in absence of the complainant---Deputy Public Prosecutor was present in the court whereafter the court granted bail to the accused---No illegality existed in the bail granting order and there was nothing for its re-calling---Petition for cancellation of bail was dismissed being bereft of any merit, in circumstances. 2004 PCr.LJ 968 and 2009 YLR 1818 distinguished. JUDGMENT LAL JAN KHATTAK, J.---Petitioner Muhammad Javed through the instant application under section 497(5), Cr.P.C. seeks cancellation of bail granted to the accused Tahir Saleem by the learned Additional Sessions Judge-V, D.I. Khan on 29-12-2012 in case F.I.R. No.1056 dated 17-11-2012 registered under section 452/ 355/337-A(ii)/34, P.P.C. at Police Station Cantt: D.I. Khan. 2. Short facts of the case are that on 19-11-2012, the petitioner-complainant reported to the local police in emergency room of civil hospital, D.I. Khan to the effect that on the eventful day at about 1700 hours when he along with his friend Kamran reached on Diyal Road, D.I. Khan, there the respondent-accused along with co-accused Kamran son of Khurshid Alam, Hameed Ullah and another unknown person were found present duly armed with knives and clubs who came and inflicted him knife and club blows with which he was injured on his head. The accused further tied a chadar around his neck…

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