Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 452/379/337-F(iii)/148/149

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 452/379/337-F(iii)/148/149---House-trespass, theft, causing Mutalahimah---Cancellation of bail, application for---Before F.I.R. lodged by the applicant/complainant, Police had already lodged an other F.I.R. regarding the same occurrence on the statement of wife of one of accused persons against the applicant and others---Keeping in view the parties prior indulgence in the litigation, it was yet to be established that who was the actual aggressor---False implication of accused could not be ruled out in such like cases---Considering the attributions to respondents/accused, the Sessions Court had rightly confirmed the pre-arrest bail of accused persons---No illegality or infirmity was seen in the bail granting order passed by the Sessions Court---Considerations for cancellation of bail were altogether different from those for grant of bail---Plea for cancellation of bail could be raised on the grounds; that the order granting bail was illegal, perverse, passed in violation of the principles for grant of bail, factually incorrect or had resulted in miscarriage of justice that accused had misused the benefit of bail that there was possibility of repetition of the offence charged with or commission with any other offence; that there was apprehension of abscondance of accused; that accused was trying to tamper with the prosecution evidence---In the present case complainant had failed to substantiate any one of the said grounds for cancellation of bail---Finding the bail granting order passed by the Sessions Court in accordance with law, application for cancellation of bail was dismissed. ORDER ABDUS SATTAR ASGHAR, JUSTICE:---.--- Zafar Iqbal, Faiz Rasool and Iftikhar Ahmed (respondents Nos. 2 to 4)/accused in case F.I.R. No.159 of 2008, dated 14-4-2008 under sections 452/379/337-F(iii)/148/149, P.P.C., Police Station Ahmed City Sadiq Abad, District Rahimyar Khan have been allowed pre-arrest bail vide order dated 10-3-2010 passed by learned Additional Sessions Judge, Sadiq Abad. 2. Aamer Sohail complainant/petitioner being aggrieved of the confirmation of pre-arrest bail to the above…

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