Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Principle---Pre-arrest bail could not be granted unless there was mala fide on the part of the complainant or the police, who had lodged the FIR with ulterior motives in order to humiliate the accused. Rana Muhammad Arshad v. State PLD 2009 SC 427 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Petition for cancellation of bail, dismissal of---Accused-respondents were charged for the murder of daughter of the complainant---Record showed that originally the case was disposed of by the police in "C" class on account of lack of evidence---Two month's delay had occurred in lodging the FIR for which no plausible explanation had been given---Complainant had shown suspicion in the FIR against the accused-respondents without any evidence---No motive was alleged against the accused-respondents for the murder---Circumstances and facts of the case showed that there were shades of mala fide on the part of the complainant---Sufficient material was not on record to connect the accused-respondents to the commission of offence---Complainant was delaying the trial while accused-respondents were regularly attending the Court---Accused-respondents had not misused the concession of bail---No exceptional legal requirements, were made out to cancel bail granted by competent court---Petition for cancellation of bail was dismissed in circumstances. Ahsan Ali and another v. The State 2001 PCr.LJ 500; Jan Muhammad v. Abdul Latif and 3 others 2003 MLD 72; Hadayat Ali v. Muhammad Shahbaz 2002 MLD 83; Said Akbar and another v. Gul Akbar and another 1996 SCMR 931 and Qadir Bakhsh v. Allah Wasayo and others 2008 SCMR 182 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Plea of alibi---Scope---Bail could be granted on the plea of alibi. Ajmal Khan v. Liaquat Hayat and another PLD 1998 SC 97 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(5)--- Bail, cancellation of--- Principle--- Once the bail was granted, strong and exceptional circumstances would be required for the cancellation of bail.…

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