Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302/324/109/34---Qatl-e-amd, attempt to commit qatl-e-amd, abetment, common intention---Application for cancellation of bail---Allegation against accused and co-accused (respondents) was that they fired at the complainant (applicant) and his relative (deceased) on account of a dispute over water---Validity---Accused and co-accused had effected genuine compromise with the legal heirs of the deceased, therefore, S. 302, P.P.C was no more part of the record---Medico-legal Report of the complainant revealed that he had received a single firearm injury on the palm of his hand, which was a non-vital part of the body---Accused and co-accused were charged for general firing and applicability of their common intention was yet to be determined---Where bail was granted by a competent court of law, then strong and exceptional grounds were required for its cancellation, and in the present case no oral or documentary evidence was available on record to show that accused and co-accused had either misused the concession of bail or tampered with the investigation process---Application for cancellation of bail was dismissed, in circumstances. 2004 SCMR 231 rel. JUDGMENT QAISER RASHID KHAN, J.---Through this application filed under section 497(5), Cr.P.C, Muhammad Ishfaq, complainant/petitioner, seeks the cancellation of bail granted to Sher Ahmad, Saeed Ahmad and Aziz Ahmad, accused/respondents Nos.1 to 3, by the learned Additional Sessions Judge Paharpur vide order dated 13-12-2011 in case F.I.R. No.130 dated 17-6-2010 of police station Paharpur, registered under sections 302/ 324/109/34, P.P.C. 2. According to the report lodged by the complainant Muhammad Ishfaq, on the fateful day, his brother Abdul Hafeez and father Abdullah were busy in irrigating their field at mauza Katgahr while he(the complainant) and relative Mohsin Ali were proceeding towards them on a motorbike driven by the latter. At about 11-00 a.m. when they reached near 'Nalla Seem' on Katgahr road, the accused, namely, Saeed Ahmad armed with rifle, Aziz Ahmad armed with Kalashnikov and their father Sher Ahmad armed with pistol…

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