Law: Criminal Procedure Code (V of 1898)

Section: 497,497(5)

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,311,337-H(2)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5)---Penal Code (XLV of 1860), Ss. 302, 337-H(2), 147, 148 & 149---Qatl-i-amd, hurt by rash or negligent act, rioting, armed with deadly weapon and common object---Application for cancellation of bail, refusal of---Delay in lodging of FIR---Role of aerial firing---Further inquiry---Scope---Complainant sought cancellation of bail granted to accused persons, who in prosecution of their common object with main accused committed murder by firing upon the deceased---First Information Report of the incident was lodged with delay of 26 hours for which no plausible explanation was given by the complainant, hence possibility of consultation before registration of FIR could not be ruled out---Role of firing deceased was attributed to main accused while the allegation against respondents was that they made aerial firing---Main accused and three other accused persons were found innocent during investigation and their names were placed in Column No.2 of the challan---Trial Court had rightly held that the case against respondents required further inquiry---Discretion exercised by Trial Court in granting pre-arrest bail to respondents was not arbitrary or against settled principles of law---Criminal miscellaneous application was dismissed being devoid of merits. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 497(5)---Bail, cancellation of---Principles for grant of bail and its cancellation are altogether different---Once bail is granted by a court of competent jurisdiction by exercising its powers then strong and exceptional grounds are required for interference. Muzaffar Iqbal v. Muhammad Imran Aziz and others 2004 SCMR 231 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR J.--- By means of this Misc. application, the applicant/complainant has challenged the order dated 25.09.2017 passed by learned Additional Sessions Judge-II Sukkur, whereby respondents Nos.1 to 11 were granted pre-arrest bail in Crime No.23/2017, offence under sections 302, 311, 337-H(2), 147, 148, 149, P.P.C. registered at Police Station Jhangro District Sukkur. 2. The facts in brief necessary for disposal of instant Misc. application…

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