Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, recalling of---Accused was nominated in the crime report with the allegation of attempting to commit qatl-i-amd of the complainant by firing---Record showed that first bail application moved by the accused/respondent before High Court had been dismissed on 5.7.2016 with direction to the Trial Court, to conclude trial within five months---Accused, however, was allowed bail by the Trial Court on 5.7.2017, on the ground that his trial could not be concluded within a period of five months as directed by the High Court---Non-compliance of the directions issued to the Trial Court to conclude the trial expeditiously or within specific period could not be considered as a valid ground for the grant of bail to the accused, particularly, when his petition for bail had already been dismissed on merits by High Court---No fresh ground was shown by the accused for considering his request for the grant of bail---Impugned order of the Trial Court, was set aside and concession of bail extended to accused stood recalled, in circumstances. Nasir Ahmad v. The State PLD 2016 SC 11 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- Through instant Cr. Misc./B.C.A. No. 46-B of 2017, the petitioner Hikmatullah seeks cancellation of bail granted to the accused/respondent Faiz Muhammad vide order dated 05.07.2017 by the learned trial Court/Sessions Judge, Lakki Marwat, in case FIR No.394 dated 17.10.2016 under sections 324/34, P.P.C., Police Station Peezu, Lakki Marwat. 2. Brief facts of the case as alleged by the complainant in the crime report are that the respondent is one of the nominated accused in the crime report with the allegation for attempting to commit Qatl-i-amd of the complainant by firing effectively and his brother ineffectively. 3. Learned counsel for the complainant argued that in the earlier round of litigation bail of the accused Faiz Muhammad was declined vide order dated 15.12.2016 by this Court on merits, however, learned trial court was directed to accelerate the proceedings of the trial and…

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