Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 337-A(i),337-D

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Principle---Bail can only be cancelled if bail granting order appears to be perverse and gross illegality has been committed. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 337-A(i), 337-D & 337-F---Murderous assault---Petition for cancellation of bail---Complainant mentioned the time of occurrence as 01:00 p.m., whereas, the FIR was registered at 05:20 p.m., which showed delay of about 04 hours and 20 minutes without giving any explanation, as such, element of due deliberation and consultation in nomination of accused persons by the complainant could not be ruled out---Record further indicated that a civil dispute over the construction of wall/house existed between the parties--- Medical certificate of injured showed that only one injury was observed and the same at the most came under definition of S. 337-A(i), P.P.C., which was bailable in nature---Prima facie Ss. 337-D & 337-F, P.P.C. were not attracted in the present case---Trial Court had given valid reasons for confirmation of ad-interim pre-arrest bail of accused persons---Allegation of abusing or misusing the concession of bail by the accused persons was not supported by affidavit of any witness---Petition for cancellation of bail was dismissed, in circumstances. 2005 SCMR 1539; 2009 SCMR 786; Jamal-ud-Din's case 1983 SCMR 1979 and Meeran Bux v. State PLD 1989 SC 347 rel. ORDER IQBAL AHMED KASI, J.---In the instant application, the following relief has been sought by the applicant:- "It is, therefore, most humbly and respectfully prayed that the order dated 13.06.2022 passed by learned Sessions Judge, Khanozai, District Pishin may kindly be set aside and the respondents Nos.2 to 4 be handed over to the Investigating Officer for proper investigation of case in the interest of justice." 2. Brief facts giving rise to file the instant bail cancellation application are that on 28.07.2021, the complainant namely Nisar Ahmed lodged an FIR No.12/2021, with Levies Thana, Khanozai, wherein, he alleged that on the fateful day at about 01:00 p.m., construction work was started at his…

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