Law: Criminal Procedure Code (V of 1898)

Section: 497 (5)

Criminal Procedure Code (V of 1898) S. 497 (5)-Bail, cancellation of-[Murder-case]-Petitioners after release on bail by trial Court attacking and injuring complainant of murder case against them with a burchhi, resulting in registration of a formal case against them-Petitioner, held, not entitled to remain on bail, in circumstance-Bail granted by trial Court cancelled to ensure a fair trial. Date of hearing : 26th August, 1980.                                                                                                                             JUDGMENT Khushal Khan father of Muhammad Qayyum petitioner was murdered on 16th April, 1980, regarding which he (Muhammad Qayyum) lodged report at Police Station Barki on the same day at 8.30 a. m. Ten persons were hauld up under section 302 and other sections of the Penal Code. Out of these, Talib Hussain. Akbar and Safdar are still in Jail. The seven respondents in this application whose bail the petitioner now prays for cancellation were admitted to bail by the learned Sessions Judge, by different orders. Out of these seven persons, Muhammad Rafiq Abdul Rahim and Saghir Ahmad are accused for the murder of Khushal Khan. The petitioner applied for the cancellation of bail of the seven respondents before the learned Sessions Judge, Lahore, but his application was dismissed by order dated 27thJuly, 1980. Thereafter the petitioner filed this petition under section 497 (5), Cr. P. C. for cancellation of bail of the respondents in which by order dated 11th August, 1980, I issued notice to the respondents to show cause why their bail be not cancelled. 2. I have heard the learned counsel for the parties at length. Before discussing the contentions raised by the learned counsel for the parties, I would like to observe that the counsel appearing on behalf of the State supported the learned counsel for the petitioner for…