Law:

Section:

Pre-Arrest Bail-- ----Criminal Procedure Code, (V of 1898), Ss. 498 & 497(5)--Bail cancellation--Scope and power--Guideline--High Court does not act as an Appellate Court in such matters, therefore once pre-arrest bail is granted by session Court for cogent reason, palpable on record then the high Court has to show maximum restraints in recalling the same unless bail granting order is shown to be absolutely perverse or has been granted in disregard of the settled principles regulating the grant or refusal grant such bail. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, J.- Both the petitioners are seeking leave to appeal against the impugned judgment of Islamabad High Court, Islamabad dated 1.8.2017. The petitioners were granted pre-arrest bail by the learned Additional Sessions Judge West, Islamabad vide order dated 15.05.2017, however, through the impugned order/judgment the same was recalled. We have heard the learned counsel for the petitioners, Mian Abdul Rauf, Advocate General, Islamabad and the complainant in person, and have carefully gone through the impugned order as well as the materials available on record. 2. Crime report No. 109 dated 21.3.2016, registered for offences under sections.302/324/452/34 PPC by Police Station Kohsar, Islamabad was made by the complainant, namely Chaudhry Hidayatullah, wherein he alleged that at the fateful time he was offering "Nawafil prayer" while his wife Mst. Razia, the deceased was present inside the house alongwith Mst. Saira, the maidservant, when two unknown young burglars (one male and one female) clad in "Burqa" entered the house and on gunpoint wanted to make hostage the inmates for securing nefarious designs however, on offering resistance by the deceased, she was fired at with a.30 bore pistol, as a result, the deceased was hit and fatally injured near her belly and the accused decamped from the spot. The report was made in the emergency ward of PIMS Hospital, Islamabad. The injured succumbed to the injuries in the hospital however, without conducting autopsy for no cogent reasons, she was buried and only a death certificate was issued by the hospital authorities. 3. It was on 21.10.2016 i.e. after seven…

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