| Citation(s) |
|---|
| 2017 SLG 2151 2017 SLD 2151 2017 YLR 658 |
Balochistan High Court
Cr. Bail Cancellation Application No. 203 of 2015, decision Dated: 31-10-2016, hearing Date : 27-10-2016.
JAMAL KHAN MANDOKHAIL, JUSTICE, ZAHEER UD DIN KAKAR, JUSTICE
Akram Shah for Applicant. Ameer Hamza Mengal, Deputy Prosecutor General for the State.
Cr. Bail Cancellation Application No. 203 of 2015, decision Dated: 31-10-2016, hearing Date : 27-10-2016.
JAMAL KHAN MANDOKHAIL, JUSTICE, ZAHEER UD DIN KAKAR, JUSTICE
Akram Shah for Applicant. Ameer Hamza Mengal, Deputy Prosecutor General for the State.
NAZAR KHAN
VS
TARIQ KHAN AND 6 OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 427, 147, 148, 149 & 109---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, mischief, rioting, rioting armed with deadly weapons, unlawful assembly, abetment, act of terrorism---Petition for cancellation of bail, dismissal of---Scope---Provisions of S.497(5), Cr.P.C. being not punitive there was no compulsion for the cancellation of bail unless the order of bail was patently illegal, erroneous and factually incorrect and had resulted in miscarriage of justice---Accused persons, in the present case, were not found to be making efforts to misuse concession of bail by extending threats or tampering with the prosecution case---Strong and exceptional reasons were required for cancellation of bail---No such element was found in the case---Petition for cancellation of bail was dismissed, in circumstances. Zia-ul-Hassan Shah and another v. The State 1996 SCMR 238 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 427, 147, 148, 149 & 109---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, mischief, rioting, rioting armed with deadly weapons, unlawful assembly, abetment, act of terrorism---Petition for cancellation of bail, dismissal of---Trial was in progress and two prosecution witnesses had been examined in the case---Ordinarily, interference was not made with the order relating to bail, particularly in case when trial had commenced, so as to avoid discussion and remarks on merits of the case---Petition for cancellation of bail was dismissed, in circumstances. Ehsan Akbar v. The State and 2 others 2007 SCMR 482 and Mian Dad v. The State and another 1992 SCMR 1418 rel. THIS ORDER PASSED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- Through this application, the applicant/ complainant, Nazar Khan, has sought for the cancellation of the bail granted in favour of private respondents in the case FIR No. 3 of 2015 dated 30.5.2015, registered with Police Station, Kingri, district Musakhail, in respect of the offences under Sections 302, 324, 427, 147,…
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