Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302/324/109/34

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---Cancellation of bail, application for---Principles---Neither accused was named in the F.I.R. nor any role was attributed to him in the incident and nothing was recovered from him---Trial Court, in circumstances, had rightly exercised its discretion by granting the concession of bail to accused as none could be deprived of liberty without sound reasoning and justification---Bail granted wrongly could be cured by punishing accused after the trial, if his guilt was proved, but there could not be any compensation, if a bail was wrongly refused---Courts should be reluctant to cancel the bail as the discretion exercised in favour of accused could not be interfered with unless there were strong and exceptional grounds warranting interference because considerations for cancellation of bail and -grant of bail were altogether different---Conclusion of trial would establish the guilt of accused---Petition for cancellation of bail was dismissed. ORDER MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.--- The cancellation of bail of respondent No.1 has been sought on the grounds that he is specifically nominated by the P.Ws Yasir Mehmood Qamar Shahzad with a specific role of conspiracy and the impugned order dated 16-10-2010 has been passed without appreciating the material on record. 2. Learned counsel for the petitioner contends that the abetment of the accused for the commission of offence is established and he has also misused the concession. of bail by advancing threats after his release on bail and in this regard a proper report was lodged on 14-11-2010 at Police Station Sehala, Islamabad. It is further contended that the transcript of cell-phone record confirms the fact that the accused had been in contact with the main accused Nasir Mehmood, who is brother in law of the present accused from midnight till 7-00 a.m. while the occurrence took place at 6-30 a.m., which shows that he is also involved in the commission of offence and since the main accused Nasir Mehmood is at large, the respondent No.1 was not entitled to the concession of…

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