Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Principles governing recalling grant of bail are completely different from those for refusing it---Grounds which are required for recalling or cancelling pre-arrest or post-arrest bail already granted by a competent Court are harsher and stringent than those of granting or refusing the same---Principles of cancellation can be equated to that of setting aside an acquittal order passed by competent Court. Muzaffar Iqbal v. Muhammad Imran Aziz 2004 SCMR 231 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S.436---Mischief by fire or explosive substance with intent to destroy house, etc.---Pre-arrest bail, cancellation of---Non-associating the investigation by accused---Mala fide of complainant---Accused was alleged to have set on fire cattle-shed of complainant and his pre-arrest bail was confirmed despite his failure to join investigation--- Validity--- Order passed by Lower Appellate Court was silent regarding essential issue of 'mala fide' and accused did not associate with investigation before confirmation of bail before arrest---Lower Appellate Court ignored such two important factors in its order which was against settled principles---High Court recalled the order passed by Lower Appellate Court---Bail was cancelled in circumstances. Rana Muhammad Arshad v. Muhammad Rafique PLD 2009 SC 427 and Shuaib Mehmood Butt v. Iftekharul Haq 1996 SCMR 1854 rel. JUDGMENT YAHYA AFRIDI, J.---Syed Ishaq Shah petitioner seeks cancellation of pre-arrest bail granted to accused-respondent Shakir Shah son of Iqbal Shah by the Additional Sessions Judge, Mansehra camp Oghi vide order dated 4-7-2012, in case registered as case FIR No.22 dated 14-6-2012 for offences under section 436 of Pakistan Penal Code, 1860 ("P.P.C.") at Police Station Oghi, Tehsil Oghi District Mansehra ("FIR"). 2. The brief and essential facts leading to the present petition are that the report of the present case was made by complainant Syed Ishaq Shah son of Syed Sakhi Shah to the local police on 4-6-2012 that on the preceding night at about 10-30 p.m., he was sleeping in his house;…

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