Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 497(5) & 526---Penal Code (XLV of 1860), Ss. 365-A, 395 & 412---Kidnapping or abduction for extorting property, valuable security etc., dacoity, dishonestly receiving property stolen in the commission of dacoity---Bail, cancellation of---Trial Court giving definite opinion qua fate of case at bail stage---Effect---Transfer of case to another judge---Accused and co-accused persons were alleged to have kidnapped the abductee for ransom---Prima facie there was ample evidence on the record to establish that it was accused, who along with co-accused persons abducted the abductee, who was subsequently recovered and his statement was also recorded in such regard---Factum qua ransom amount was also brought on record---Trial Court had dismissed application of accused filed under S.23 of Anti-Terrorism Act, 1997 while appreciating material available on record---While deciding bail petition, Trial Court went beyond its jurisdiction and gave a definite opinion qua fate of the case with regard to applicability of S.365-A, P.P.C., which prejudiced the case of prosecution to a great extent---Notwithstanding the fact that bulk of prosecution evidence stood recorded, there existed exceptional circumstances to interfere in the matter, by cancelling bail granted to accused---Bail granted to accused was cancelled in circumstances and directions were given to transfer the case to another Judge of the Anti-Terrorism Court. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---High Court, powers of---Scope---Where bail granting order was without jurisdiction, having been passed without observing the mandatory provisions of law, High Court had ample powers to entertain an application under S.497(5), Cr.P.C. ORDER Through the instant petition filed under section 497(5), Cr.P.C. Shabbir Ahmed petitioner/complainant' of case F.I.R. No.500, dated 27-12-2011, offence under sections 365-A, 395, 412, P.P.C., registered at Police Station Qadirabaid, Mandi Baha-ud-Din, seeks cancellation of bail granted to respondent No.2 by learned Judge, Anti-Terrorism Court No.1 Gujranwala, vide order dated 24-7-2012. 2.…

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