Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 34,337-A(i),364,380,506

Criminal Procedure Code (V of 1898) --------- ----------S. 497(5) --------- Penal Code (XLV of 1860), Ss. 364, 380, 506, 337-A(i) & 34 --------- Kidnapping or abducting in order to murder, theft in dwelling house, criminal intimidation, causing Shajjah-i-Khafifah, common intention --------- Applications for cancellation of bail --------- Statement of the injured, was recorded after 24 days of the incident, and no explanation had been furnished for such delay --------- Prosecution story was doubtful and there were also other discrepancies therein --------- Considerations for cancellation of bail were different from the grounds for grant of bail --------- Bail granted by a court of competent jurisdiction could only be cancelled if the bail granting order had been passed in capricious manner, either without assigning reasons, or on the basis of perverse or invalid reasons; if accused attempted to tamper with the evidence, or hampered the investigation; if accused committed or attempted to commit the same offence; if accused absconded after grant of bail; if the bail granting order was patently illegal, erroneous, factually incorrect, and had resulted in miscarriage of justice --------- applicant/complainant, in the present case, could not point out any such legal flaws in the impugned order, or any circumstance, which could justify the cancellation of bail, granted to accused --------- Mere verbal assertion of the complainant that accused, were misusing the concession of bail and that after release accused persons were extending threats to the complainant party and the witnesses, was not enough, but for establishing such plea, strong and tangible material must be produced by the complainant --------- -Applications for cancellation of bail being without merit, were dismissed, in circumstances. 2004 SCMR 1160; 2004 SCMR 231; 2004 PCr.LJ 1447; 2008 PCr.LJ 1565; 2008 PCr.LJ 514 and 2006 PCr.LJ 252 ref. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---------- By this single order I propose to dispose of abovesaid two Cr. Misc. Applications filed under section 497(5), Cr.P.C. as both the cases arise out of one and the same F.I.R. The applicant complainant…

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