Law:

Section:

Feeling aggrieved by an order of the learned Sessions Judge, D.I. Khan dated 16 th January, 1x)0, whereby bail before-arrest has been allowed to the respondents Mohammad Afzal and Moulvi Ashiq Elahi, accused-respondents 1 and 2, Haji Gamun, petitioner, has moved this petition under section 497(5) of the Criminal Procedure Code (V of 1998) for cancellation of the said bail.

2.  According to the First Information Report, the petitioner in the early hours of 10 th December, 1989, went to the village mosque for offering his morning prayers. After opening the lock and entering the mosque, he saw Mohammad Afzal, duly armed with a Danda and Moulvi Ashiq Elahi, the respondents Nos. 1 and 2, already present in the courtyard. On seeing him, respondent No.l dealt a `Dandy blow' to the petitioner which caused injury to him. Thereupon, his report was taken down the same day in the daily Diary. He was then referred to the Hospital for examination and treatment. On receipt of the X-Ray report on 18th December, 1989 from the concerned Medical Officer, a case under section 325/34, P.P.C. was accordingly registered against the respondents at Police Station Cantt. D.I. Khan. The motive for the offence is that respondents No.l and 2 belong to a Sunni faction called `Deobandi' whereas the complainant claims to be `Barelvi' and are thus at loggerheads over the exclusive right of offering prayers in the mosque.