Law: Criminal Procedure Code (V of 1898)

Section: 497 ,

  Criminal Procedure Code (v of 1898)--- - ----S. 497(5)---Penal code (XLV of 1860), 5.:324---Cancellation of pre-arrest bail---Medical evidence-was in conflict with ocular version---Allegations against the Doctor and the accused regarding the medical certificate having been interpolated by them, were sub judice before a Court of law---Plea that the accused had issued threats to the complainant was not substantiated on the zGC;ord---Bail allowed to accused by High Court was not recalled in circumstances. [pp. 509, 510] A, C, F & G Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Bail cannot be cancelled on an allegation which is yet to be proved, nor on an assertion which is directly and substantially in issue in civil or criminal proceedings pending for decision before a competent. Court of law. [p. 509[ B 'Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation of bail---Bail can be cancelled if the bail granting order lacks in reasons or is' perfunctory in nature. [p. 509] D Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Cancellation.of bail---Courts have always been slow to cancel the bail already granted as the liberty of a person cannot be curtailed on flimsy grounds. [p. 509] E Shaikh F.M. Jawaid for Applicant'; K.M. Nadccin, A . A:-G. for the State. Syed Nasir Abbas Razvi for Respondent No.2. ORDER   Applicant Mir Azhar Jabbar, under section 497(5), Cr.P.C., has applied for cancellation of bail granted to respondent Shahid Durrani by this Court as per Order dated 22-1-1995. The facts relevant for decision of this application are as follows:-- The applicant on 7-1ta-1994 lodged a report at Police station Gulshan e-lqtbal, Karachi, which was registered in the Roznamcha, alleging therein that his sister Mst. Abida had complained him on telephone that her husband Shahid Durrani had severely beaten her with a Cricket Bat and caused her injuries. Thereafter, the applicant immediately went to her sister's house and took her to the police station. She was referred to J.P.M.c., where she was examined [,y Dr. Tariq Mohsin Kazi on the same date at 3-00 a.m. and following injuries were…