Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497(5)---Penal Code (XLV of 1860), Ss. 324/452/459/148/149--- Pakistan Arms Ordinance (XX of 1965), S. 13---Attempt to commit qatl-e-amd, house trespass after preparation for hurt, assault or wrongful confinement, hurt caused whilst committing lurking house-trespass or house-breaking, rioting armed with deadly weapons, unlawful assembly, possession of illegal weapon---Bail, cancellation of---Accused and co-accused were alleged to have trespassed into the house of the complainant with the intent of stealing and in the process fired at the complainant, injuring him on his head---Accused directly charged in the F.I.R. with specific role--- Record stating that accused while armed with weapon overpowered the complainant on the spot--- Prosecution version was duly supported by incriminating recoveries, expert report, medical evidence and unexplained abscondence of the co-accused---Intention of committing qatl-e-amd of the complainant yet to be seen---Available material was yet to be proved by recording evidence---Allegation demonstrating that case was not one of further inquiry---Prima facie, accused was reasonably connected with the offence covered by prohibitory clause of S.497, Cr.P.C.---Bail granted to the accused was recalled, in circumstances. Abdul Hayee and 2 others v. The State 1996 SCMR 555 and Naseer Ahmed v. The State PLD 1997 SC 347 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Assessment of evidence/facts---Scope---For the purpose of bail, tentative assessment of facts available on the record had to be made and at such stage sifting of evidence collected by the prosecution was neither permissible nor advisable for the sake of fair and just administration of criminal justice. Shahzaman and 2 others v. The State and another PLD 1994 SC 65 rel. JUDGMENT SYED SAJJAD HASSAN SHAH, J.---Petitioner Waqar Ahmad through this petition seeks cancellation of bail granted to Sajjad respondent No.1 in case F.I.R. No.922 dated 29-10-2011 of Police Station, Khazana, registered under sections 324/452/459/148/149, P.P.C. read with section 13 Arms Ordinance by the learned Additional Sessions…

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