Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Law: Anti Terrorism Act, 1997

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Act of terrorism---Application for cancellation of bail---Implication of accused through supplementary statement---Absconsion of accused--- Further inquiry--- Scope---Complainant sought cancellation of pre-arrest bail granted to accused on the ground that the accused had been an absconder and that bail had been granted in wrong exercise of discretion by the Trial Court---Held; nothing was available on record to show that the accused was aware about his implication--Accused was not nominated in the FIR with any role but he was subsequently implicated by the complainant in supplementary statement, with improved version of the occurrence---Confirmation of ad-interim pre-arrest bail of the accused by the Trial Court in view of the scope of further inquiry could not be termed as illegal or in wrong exercise of discretion as apart from mala fide and arrest for ulterior motives such as humiliation and unjustified harassment, scope of further inquiry could also be made a basis for grant/confirmation of pre-arrest bail, primarily depending upon the facts and circumstances of each case---Allegation of abusing or misusing the concession of bail by the accused was not supported by affidavit of any witness---Application for cancellation of pre-arrest bail was dismissed. Meeran Bux v. State PLD 1989 SC 347 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles---Scope---Grant or refusal of bail in criminal cases primarily depends upon the facts and circumstances of the case and no hard and fast rule can be laid down in that regard. Jamal-ud-Din's case 1985 SCMR 1949 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Further inquiry---Scope---Scope of further inquiry could also be made a basis for grant/confirmation of pre-arrest bail, primarily depending upon the facts and circumstances of each case. Meeran Bux v. State PLD 1989 SC 347 rel. ORDER NAEEM AKHTAR AFGHAN, JUSTICE:---.--- In the instant application, the…

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