Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302 & 34---Pre-arrest bail, cancellation of, petition for---Long absconsion of accused---Effect---Petitioner/complainant contended that accused remained absconded for nearly four decades so Sessions Court had wrongly granted him the concession of bail---Record revealed that role attributed to accused was on the same footing as that of acquitted co-accused---No eye-witness was on record and firing was attributed to three assailants, including accused/respondent, but there was recovery of only one crime empty---When accused was otherwise entitled to the grant of post-arrest bail as of right then mere absconsion for the period of 38 years and 5 months would not stand as a hurdle in the release on bail---Sessions Court had rightly granted the concession of post-arrest bail to the accused, being a case of further inquiry---Grounds for cancellation of bail were altogether different from that of grant of bail and once the bail was granted by the Court of competent jurisdiction, the same could not be interfered unless the bail granting order was palpably illegal, arbitrary and perverse or against the record---No infirmity having been noticed in the impugned order petition for cancellation of bail was declined in circumstances. Ehsan Ullah v. The State 2012 SCMR 1137; Mitho Pitafi v. The State 2009 SCMR 299 and Sher Azfal and others v. The State and others 2018 PCr.LJ 153 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- Write up the grounds from Serial (A) to (E) in this petition, here is calling for acceptance of this bail cancellation petition, where the learned Court of Session Judge/Zila Qazi Dir Lower at Timergara by his order dated 12.9.2017 allowed the post arrest bail to accused/Respondent No. 2 Jehan Bahadar directing him to furnish bonds in the sum of Rs. 100,000/- (one lac) with two sureties on his involvement in case FIR No. 18 dated 28.3.1981 under sections 302, 34, P.P.C. read with 512, Cr.P.C. registered at Police Station Khall District Dir Lower. 2. The extracts of 'Murasila' Ex. PW-4/1 followed by lodging of First Information Report Ex. PW-412 would…

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