Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 147,149,302,337-A(ii),337-D,337-F(V)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 337-F(V), 337-D, 337-A(ii), 147 & 149---Qatl-i-amd, hurt, rioting, unlawful assembly---Application for cancellation of post arrest bail---Complainant alleged that deceased was hit by a sharp-edged weapon but Medico-legal Report revealed that it was a blunt weapon---Eye-witnesses recorded their statements after about thirteen days of the occurrence, and in their statements under S. 161, Cr.P.C. for the first time introduced the point that accused persons were having axes---Medico Legal Report did not support the version of complainant in the FIR and was contradictory to the statement of injured prosecution witness---Case was not only of cross-version but was that of further inquiry in accordance with mandate of S. 497(2), Cr.P.C.---Application for cancellation of bail was dismissed accordingly. Muzaffar Iqbal's case 2004 SCMR 231 and Habib-ur-Rehman and others v. The State and others 2017 SCMR 274 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---Considerations for the cancellation of bail were totally different from the considerations for the grant of bail. Muzaffar Iqbal's case 2004 SCMR 231 and Habib-ur-Rehman and others v. The State and others 2017 SCMR 274 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Petitioner/complainant, Gul Muhammad, seeks cancellation of bail granted to accused/respondents, Amanullah, Faiz Muhammad, Masoom Khan, Abdul Jabbar, Sajid, Awais and Arshullah by the learned Sessions Judge, Battagram, vide impugned order dated 29.10.2016, in case FIR No. 220 dated 14.09.2016 under sections 302/337-F(v)/337-D/ 337-A(ii)/147/149, P.P.C. Police Station Chanjal, District Battagram. 2. The brief facts of the case against the accused/respondents lodged on the report of complainant/petitioner are that they along with their co-accused have attacked the complainant party and got them injured and later on one of the injured namely Naseeb Khan succumbed to his injuries. Accused/respondent, Muhammad Awais has also charged the complainant party in cross case registered vide FIR No.225 dated…

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