Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 324,337D

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Application for bail cancellation--Strong grounds required--That it is a case of further inquiry, because it was a pre-mature stage to hold responsible to any of party as assailant or to other as defender, trial Court has rightly granted bail to accused--At bail stage only, tentative assessment of record is to be considered and deeper appreciation of evidence is not permissible whereas after grant of bail by a Court of competent jurisdiction, very strong grounds are required for its cancellation--In dealing with case of bail cancellation, Court has to see whether accused after release on bail is misusing concession of bail or creating hindrance for complainant party or due to release of accused lives of prosecution witnesses are at risk and that accused is tampering with prosecution evidence in any manner--Record reflects that all ingredients are lacking in favour of applicant (complainant)--Even there is no complaint that after release on bail, accused (respondent) is reluctant to appear learned trial Court--Court while dealing with application for bail has to form its opinion tentatively on basis of available record and ought to have used wordings with great care and caution keeping into consideration that such wordings or findings may not prejudice case of either party--However, findings so made in case, would prejudice to case of prosecution as trial Court at pre-mature stage has formed an opinion that case would cover u/s. 337-D, P.P.C. instead of Section 324, P.P.C., hence in interest of justice, findings of trial Court to such extent are hereby expunged. 2006 SCMR 66, ref. Cancellation of Bail-- ----Strong grounds required--Once the bail is granted for its cancellation there must be strong and exceptional grounds/reasons connecting the accused with the commission of alleged non-bailable offence. 2004 SC (AJ&K) 996, rel. THIS ORDER PASSED BY: ABDULLAH BALOCH, J.- This order disposes of instant application for bail cancellation filed by the applicant (complainant) Muhammad Arif against the accused (Respondent No.1) Muhammad Ashraf, who was granted bail in the FIR No.66 of 2018 dated 3rd April…

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