Law:

Section:

(a) Criminal Procedure Code (V of 1898)----- -----S. 497(5)-----Penal Code (XLV of 1860), Ss.302 & 34-----Qatl-i-amd, common intention-----Petition for cancellation of bail-----No one had witnessed the occurrence, which had taken place at odd hours of the night-----Weapon of offence found at the place of occurrence, was not in working condition-----Complainant party did not come to search their son, though the whole night had passed, while the deceased was lying at open and visible place-----No empty had been found at the place of occurrence-----Charring and blackening marks on the sole entry wound resulted into death of the deceased, had made the case against accused that of further inquiry-----No finger print on the weapon of offence was detected to be either of the deceased or accused-----Investigation had already been completed and petition for cancellation of bail was pending before the court for the last more than two years, without any progress; for such reason, the regular trial had not commenced, which otherwise, had crossed the statutory period, prescribed for conclusion of trial-----Case against accused was that of further inquiry; while no evidence was on record suggesting that accused had either misused the concession of bail; or they had made any attempt to tamper with the prosecution evidence-----Counsel for the complainant as well as the State Counsel did not point out any illegality in the bail granting order-----Bail granted to accused by competent court of law could not be cancelled. (b) Criminal Procedure Code (V of 1898)----- -----S. 497(5)-----Bail, cancellation of-----Principles-----Considerations for grant of bail by a court of competent jurisdiction on reasonable grounds and its cancellation were altogether different-----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 into miscarriage of justice; or where accused was found to be making efforts to misuse the concession of bail, by either extending threats or likelihood of tampering with prosecution evidence-----Bail was never…

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