Law:

Section:

The petitioner herein, has approached this Court for his release on bail in a case registered against him under F.I.R. No.749 dated 4-12-1988 under section 302/34 , P.P.C. He applied for bail in the Court of MIC, Mansehra who allowed him bail vide his order dated 27-5-1991. The complainant party thereafter filed an application for cancellation of his bail in the Court of Sessions Judge, Mansehra who while accepting the same recalled/cancelled the bail vide his order dated 18-9-1991. Hence the present petition.

2.  The brief facts are that on 4-12-1988 the complainant alongwith Changez were going to Mansehra on foot. When they reached the place known as `Thathi', at about 10 a.m., a Suzuki came from `Khawari' side. On their signal it stopped. They boarded the Suzuki where 6/7 persons were already sitting. From amongst the passengers, Sajjad, accused-petitioner, caught hold of Changez and Ali Asghar fired at him causing his death at the spot. When the complainant intervened, Sajjad gave him fist blow. Thereafter both the accused decamped from the spot.