Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Grounds---Provisions of S. 497(5), Cr.P.C were not punitive in nature and there was no compulsion for cancelling bail, unless bail granting order was patently illegal, erroneous, factually incorrect and had resulted in miscarriage of justice, or where accused was found to be making efforts to misuse concession of bail by extending threats or tampering with the prosecution case. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 448, 457, 380 & 34---House-trespass, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, theft in dwelling house, common intention---Bail, cancellation of---Scope---Nothing on record suggested that accused had either misused the concession of bail or made an attempt to tamper with the prosecution evidence---Accused was granted bail after proper appreciation of evidence on record---No illegality was pointed out in the bail granting order---Application for cancellation of bail was dismissed accordingly. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Through this application under section 497(5), Cr.P.C. read with section 561-A, Cr.P.C., the applicant has challenged the orders dated 20-11-2012 and 21-1-2013 passed by the learned IVth Additional District and Sessions Judge, Karachi Est, whereby the learned Judge after hearing the parties admitted the respondent No.l on bail in Crime No.646 of 2012 registered under section 448/380/457/34, P.P.C. at Police Station Ferozabad, Karachi East. I have heard the parties advocates at…

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