Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11/19---Kidnapping, abducting or inducing woman to compel for marriage etc.---Cancellation of bail---Application for---Considerations for grant of bail and cancellation of bail were altogether different---Once a bail was granted to an accused by a competent court of law, strong grounds were required for cancellation of bail---If something material was brought against accused that he had abused/misused the concession of bail granted to hint; or the bail granting order was perverse and against the settled principles of law governing the grant of bail; or accused attempted to tamper with the evidence; or he hampered the investigation, then the bail granting order could be recalled---Record of the case was silent with regard to tampering or hampering the investigation by the accused---Counsel for applicant/ complainant was unable to make out a case for cancellation of bail in given circumstances---Trial of the case had also been initiated---Liberty by way of bail granted to accused persons, could not be recalled merely on the whims of the petitioner/complainant---Application for cancellation of bail was dismissed. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The petitioner herein seeks the cancellation of bail granted to accused-respondents Nos.l and 2 by the learned Civil Judge/Illaga Qazi, Chakdara in case F.I.R. No.287 dated 20-4-2010, Police Station Ouch, registered under sections 11/19 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979. 2. The learned counsel for petitioner at the very outset requested for adjournment as today, a bail application of one co-accused Shahid Khan was fixed wherein, he by submitting his power of attorney, had also asked for adjournment as he has not prepared the case for bail by advancing the reason that considerations for grant and cancellation of bail are entirely different. Though the reason advanced by the learned counsel has legal force behind the same but once he was in possession of the record and had also gone through the same and had also expressed his readiness to argue this case. So,…

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