Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Penal Code (XLV of 1860), Ss.324, 109 & 34---Attempt to commit qatl-i-amd, abetment, common intention---Pre-arrest bail, cancellation of---Principles---Non-appearance of complainant---Effect---Principal accused had already been released on bail on basis of compromise filed by complainant---Rule of consistency---Scope---Right of co-accused to concession of pre-arrest bail---Concession of pre-arrest bail---Object---Complainant sought cancellation of pre-arrest bail of accused who was alleged to have abetted---Complainant contended that extraordinary relief of pre-arrest bail could not be granted to the accused without pointing out any mala fide on part of prosecution, and that court had not served notice upon him before allowing pre-arrest bail---Accused was admittedly not present at place of occurrence---Complainant had mentioned no source to prima facie prove participation of accused in offence of abetment---Principal accused had already been released on bail on basis of compromise filed by complainant, and against which no application for cancellation of bail had been moved---When all accused were ascribed identical role, out of which one set of accused was granted post-arrest bail and the other accused was extended concession of pre-arrest bail, and complainant chose to challenge pre-arrest bail of one set of accused, pre-arrest bail would not be cancelled as the same would later be allowed on basis of rule of consistency, as co-accused had already been released on post-arrest bail---Bail of accused could not be recalled on technical ground---Two notices had been served upon complainant for his appearance in pre-arrest bail, but he, nevertheless, failed to appear---Under given circumstances of present case, non-appearance of complainant was for understandable reasons, and he, therefore, could not take benefit of his non-appearance---When principal accused had already been released on bail on basis of compromise, contesting the case of present accused was not free from mala fide---Concession of pre-arrest bail was always extended in cases of mala fide and ulterior motive on part of complainant to…

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