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Keywords: Result: MUHAMMAD YOUNIS THAHEEM, J.- The petitioner-complainant Nisar Ahmad in case FIR No. 93 dated 12.02.2015, Police Station, Wari , District Dir Upper, registered under sections 302, 148, 149 PPC has asked for recalling of bail granted to the accused-respondent Altaf Hussain by learned Additional Sessions Judge/Izafi Zilla Qazi, Dir Upper, vide his order dated 02.03.2016. 2. As per contents of the F.I.R, the petitioner-complainant Nisar Ahmad charged the accused-respondent Altaf Hussain alongwith other co-accused for murder of his daughter Mst. Rabia aged about 16/17 years. 3. Arguments heard and record perused. 4. No doubt, bail once granted should not ordinarily be cancelled because the principle of cancellation and granting of bail are different. Although, the Courts have to be slow in cancelling the bail, yet there is no absolute bar when there is sufficient material available on the record, which prima facie connects the accused with the commission of offence. The record reveals that the accused-respondent alongwith co-accused have been directly charged by the complainant for murder of his daughter, who had been tortured and done to death in brutal manner by giving her electric shocks. The deceased was engaged to one Asif, who is still absconder, while the present accused/respondent is brother-in-law of the deceased and brother of Asif. The learned Additional Sessions Judge concerned, while granting bail to the accused/respondent No. 2 vide impugned order has totally misread the material available on record as the role of present accused/respondent is considerably different and distinguishable from those co-accused, who have been granted bail by this Court. The bail granting Court had wrongly applied the principle of consistency and instead of evaluation of material available on record improperly had assessed the facts of the case only in view of said principle of consistency. Even tentatively present accused/respondent was none else but real brother of the absconding accused Asif, who actively participated in the commission of offence by arranging UPS, electric wires etc and giving electric shocks to the deceased. This fact further got…

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