Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(5) --------- Penal Code (XLV of 1860), S. 337, 353, 504 & 506 --------- Hurt and criminal intimidation --------- Bail, cancellation of --------- Principle --------- Tentative assessment of record --------- Complainant was aggrieved of the order passed by Sessions Court, whereby pre-arrest bail of the accused persons was confirmed --------- Validity --------- Only tentative assessment of record was to be considered and deeper appreciation of evidence was not permissible --------- When bail was granted by a court of competent jurisdiction then very strong reasons were required for its cancellation --------- For cancelling the bail, court had to see whether accused after released on bail was misusing concession of bail or creating hindrance for complainant party or due to release of accused lives of prosecution witnesses were at risk and that the accused was tampering with prosecution evidenced in any manner --------- Nothing was available on record was suggestive of the fact that accused persons after their release on bail had put pressure upon Investigating Officer of the case which created hindrance in investigation of the case --------- If accused persons had pressurized the investigating officer, then under such circumstances investigating officer should have moved an application for cancellation of bail --------- Mere words of complainant were not enough to hold accused persons guilty of misuse of concession of bail --------- High Court declined to cancel bail of accused persons as Trial Court had rightly held that it was a case of further inquiry --------- High Court did not find any illegality or irregularity in the order passed by Trial Court while extending concession of bail --------- Application was dismissed in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Ehtesab Bureau, Azad Jammu and Kashmir v. Muhammad Hanif Shaikh and another 2004 PCr.LJ 996 and Suba Khan v. Muhammad Ajmal and 2 others 2006 SCMR 66 ref. THIS THIS ORDER PASSED BY: DELIVERED BY: SHAKEEL AHMED BALOCH, JUSTICE:---------- This order disposes of Criminal Bail Cancellation Application No. 500 of…

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