Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 109,395

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 395 & 109---Dacoity and abetment---Petition for cancellation of bail--- Scope--- Petitioner sought cancellation of bail granted to accused who along with his companions was alleged to have alighted the uncle of complainant from vehicle and took it away---Held; bail granted by court of competent jurisdiction could not be recalled/cancelled until and unless exceptional grounds were established had failed to point out that after release on bail, the accused had misused the concession of bail---Petition for cancellation of bail was dismissed. Muhammad Azhar v. Dilawar 2009 SCMR 1202 and Nasir Khan v. Waseel Gul 2011 SCMR 710 rel. ORDER ABDUL HAMEED BALOCH, JUSTICE:---.--- The applicant/complainant filed an application under section 497(5) Criminal Procedure Code for cancellation of bail of private respondent with the prayer: "In view of the above it is, therefore, accordingly prayed that this Hon'ble Court may graciously be pleased to declare the impugned bail granting order dated 3.8.2019 passed by learned Additional Sessions Judge, Kuchlak as illegal, unlawful, hence set it aside/ cancel it accordingly, and in the consequences thereof the accused/ respondent No. 01 be taken into arrest, in the interest of equity, fair play and justice." 2. The complainant registered FIR No. 50 of 2019, under sections 395, 109 Pakistan Penal Code (P.P.C.) with Police Station Kuchlak, on 1st July 2019, with the allegations that the accused along with his companions duly armed with weapons alighted the uncle of the complainant from dumper vehicle No. TUC 143; tied him and forcibly took away the dumper vehicle. On this report the accused/ respondent No. 1 was arrested and after completion of investigation shifted to judicial custody. 3. After judicial remand the accused/respondent No. 1 moved application for his release on bail before Additional Sessions Judge, Kuchlak, who after hearing arguments allowed the same vide order dated 3rd August 2019, hence the complainant being aggrieved of the…

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