Law: Criminal Procedure Code (V of 1898)

Section: 497 (5)

Criminal Procedure Code (V of 1898)  S. 497 (5)-Petition for cancellation of bail turned down on ground of question of accused being guilty of offence being not free from reasonable doubt and in cases not failing within prohibition of sub section (1) of S. 497, Cr. P. C., bail cannot be refused unless accused's conduct disentitled him to exercise of discretion in his favour Discretion to grant bail or otherwise-Not to be lightly interfered with by High Court unless shown to be exercised arbitrarily or in a fanciful manner-Accused validly claiming benefit of being held liable vicariously for alleged grievous injuries on petitioner-Some material witnesses also not supporting prosecution case-Cancellation of bail declined in circumstances.                                                                                                                       JUDGMENT Respondents Nos. (1 to 6) who alongwith two others have been charged for the offences of attempted murder, causing grievous hurt and rioting with deadly weapons punishable under sections 347, 325, 148/149, Pakistan Penal Code were allowed bail by learned Sessions Judge, Sialkot after they had remained in custody for five weeks in consequence of the order in Criminal Miscellaneous 1211,'-B/78 filed by Riaz Ahmed complainant in the case by means of which tile order dated 10th April, 1979 of learned Sessions Judge granting the respondents bail before arrest was set aside. The complainant also feels aggrieved by this subsequent order of learned, Sessions Judge releasing the respondents on bail and has come up with this application under subsection (5) of section 497, Cr. P. C. for orders for cancellation of bail of the respondents. 2. Heard either side. The respondents and the remaining two accused in the case namely Akbar and Barkat Ali had allegedly waylaid the applicant and assaulted him- as a result of…