Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 148, 149, 337-H(2) & 506---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, hurt by rash or negligent act, criminal intimidation---Application for cancellation of bail, dismissal of---Deceased was allegedly killed by a hatchet blow caused by the co-accused, while accused allegedly made aerial firing during the occurrence---Trial Court allowed bail to accused on the basis that accused was only present at the place of occurrence and no overt act had been assigned to him---Validity---Trial Court had rightly granted bail to accused on the ground that no active role was assigned to him in the commission of the offence---Only allegation against accused was that he shared common intention of the co-accused and made aerial firing during the occurrence---Participation of accused in the crime was to be determined during the trial---Application of cancellation of bail was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Scope---Strong and cogent reasons were required for cancellation of bail granted by court---Bail granted to accused could be cancelled where order for grant of bail was patently illegal, erroneous, factually incorrect and had resulted in miscarriage of justice; or where accused misused his liberty by indulging in similar criminal activity; or where accused attempted to tamper with prosecution evidence, and/or where accused went underground or became unavailable to the investigation agency. ORDER NAIMATULLAH PHULPOTO, J.---Through this criminal miscellaneous application complainant Atta Muhammad Chachar seeks cancellation of bail granted to accused Ayaz son of Umar Chachar vide order dated 23-6-2011 passed by learned IV-Additional Sessions Judge, Shikarpur in Crime No.1/2011, registered at Police Station Daim Malik, District Shikarpur, under sections 302, 337-H(2), 506/2, 148, 149, P.P.C. 2. Brief facts of the prosecution case as disclosed in the F.I.R are that on 27-2-2011, at 1130 hours, complainant Atta Muhammad lodged his report, stating therein that on the day of incident he along…

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