Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 &149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Petition for cancellation of bail, dismissal of---Non-attribution of motive---Case of further inquiry---Deceased was allegedly killed as he was suspected of having an affair with the sister of one of the co-accused---Complainant alleged that on the day of occurrence one of the co-accused made a call on the cell phone of deceased and asked him to come to a place, where after deceased proceeded to such place and was murdered---Admittedly call made to deceased was by a co-accused---Motive was also attributed to a co-accused, with whose sister deceased was suspected of having an affair---According to firearm expert report empties recovered from the scene of occurrence were fired from the same weapon, and as against that six persons in total were charged in the F.I.R., therefore questions as to who had the weapon and who used it for committing the crime could be resolved at the trial---Wide scope of further inquiry existed into guilt of accused---Nothing existed on record to show that accused after his release on bail had misused or abused the concession of bail---Petition for cancellation of bail was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 497(5)---Grant of bail and cancellation of bail---Grounds---Grounds for cancellation of bail were altogether different from that for grant of bail---Once bail was granted by a court of competent jurisdiction, it was rarely interfered with, unless the impugned order was palpably illegal, arbitrary, perverse or against the record. JUDGMENT SYED AFSAR SHAH, J.---Haji Karam Din, who is accused in case F.I.R. No.111 dated 30-10-2013 under sections 302/148/149, P.P.C. of Police Station Pahari Pura, Peshawar, was admitted to bail by the learned Additional Sessions Judge-II, Peshawar, vide his order dated 18-12-2013 and aggrieved from the same Zahir Din, the complainant has come to this court for its cancellation. 2. The allegation against the accused/ respondent as per F.I.R. referred to above are that on…

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