Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Consideration for the cancellation of bail were quite different---Once a bail had been granted by the court of competent jurisdiction while exercising its discretion in a judicious manner, there must be strong and exceptional reasons for its cancellation---Bail, could only be cancelled, if bail granting order appeared to be perverse, and a gross illegality had been done. Iftikhar Hussain v. The State and another 2004 SCR 308; Abbas and 3 others v. The State 1993 PCr.LJ 2410 and Muhammad Asghar v. The State 2006 SCMR 967 distinguished. Muhammad Riaz v. Muhammad Sabir and 12 others 2011 SCR 126 ref. Ghulam Rasool v. Khadim Hussain and 5 others 2004 SCR 209; Muhammad Abid v. The State 2012 SCMR 1691; Ehsan Akbar v. The State and 2 others 2007 SCMR 482; Mian Dad v. The State and another 1992 SCMR 1418; Zia-ul-Hassan Shah and another v. The State 1996 SCR 238; Haji Mian Abdul Rafique v. Riaz-ud-Din and another 2008 SCMR 1206 and Muhammad Riaz v. Muhammad Sabir and 12 others 2011 SCR 126 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Appeal to Supreme Court for cancellation of bail---Scope---Where the trial was in progress, Supreme Court was always slow in interfering with bail matter---If in a case, the trial was in progress, and a number of prosecution witnesses had been examined, and only a few were left to be examined, it would not be appropriate to send accused behind the bars; as it would not serve any useful purpose, especially so when there was no allegation of misuse of concession of bail granted to accused. Mian Dad v. The State and another 1992 SCMR 1418 rel. JUDGMENT RAJA SAEED AKRAM KHAN, J.---Through this criminal appeal the validity of the order passed by the Shariat Court of Azad Jammu and Kashmir on 26-7-2008 has been challenged through which the Shariat Court has granted bail to accused-respondent No.1. 2. The brief facts necessary for the disposal of this criminal appeal are that a case under sections 302, 324, 337, 147, 148, 149, A.P.C., and section 13 of Arms Act was registered…

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