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---Application for cancellation of post-arrest bail---Grounds---Although accused was named in FIR, yet the fact remained that role assigned to him therein could not be established during course of investigation and accused was merely found present at the spot at the time of occurrence but did not cause any injury to the deceased---Complainant had never challenged the outcome of investigation in respect of accused either by moving application for change of investigation or by private complaint, which prima facie showed his satisfaction about the outcome of investigation---Allegations contained in FIR and facts emerged during course of investigation had made the case of two versions i.e. one put forward by complainant in FIR and the other came on record during investigation---As to which version was correct was to be determined by Trial Court after recording evidence---Challan had already been submitted before Trial Court and trial against accused had commenced, so at such stage it would not be in the fitness of things to recall the concession of post-arrest bail granted to accused by Trial Court after considering merits of case---Grounds for grant of bail and cancellation of bail were entirely different---For cancellation of bail very strong, exceptional and cogent reasons regarding misusing, abusing, hampering with prosecution evidence and repeating the same offence were required---No allegation was on record with regard to misusing or abusing of concession of bail against accused---Counsel for complainant had not addressed any argument before High Court in that regard so as to make basis for cancellation of bail---Application for cancellation of bail was dismissed in circumstances. Ehsan Ullah v. The State 2012 SCMR 1137; Zaigham Ashraf v. State and others 2016 SCMR 18; Faisal Waheed v. The State 1999 PCr.LJ 882; Ehsan Akbar v. The State and 2 others 2007 SCMR 482; Mst. Noor Habib v. Saleem Raza and others 2009 SCMR 786 and Muhammad Azhar v. Dilawar and another 2009 SCMR 1202 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.…

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