Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497 (5)-Bail, cancellation of-Respondent, accused of murderous assault on prosecution witness and giving him a grievous blunt weapon injury on jaw, just missing neck but uprooting 2/3 teeth-Finding of Deputy Superintendent of Police in second investi gation as to respondent being falsely roped in, held, could not be accepted at bail stage-Bail granted earlier by Sessions Court, cancelled, in circumstances.                                                                                                                   JUDGMENT This is a petition under section 497 (5), Cr. P. C. by Abdur Rashid petitioner for cancellation of the bail granted to Arshad respondent by an Additional Sessions Judge of Kasur on 30thAugust, 1980. 2. According to the prosecution case, Abdur Rashid alias Arshad, respondent, and Khurshid and Jan Muhammad co-accused, made a murderous assault on Abdur Rehman P. W. not only causing him injuries, but also injuring Haider Ali deceased and Abdul Ghafoor P. W. and causing the death of the former. Abdur Rashid alias Arshad, respondent was armed with kassi, whilst Khurshid and Jan Muhammad, co-accused, were armed with knife and chhuri respectively. Haider Ali received deceased one stab wound in the chest which proved fatal which was attributed to Jan Muhammad, co-accused. Abdul Ghafoor P. W. received one stab wound, which was found by the doctor to be both dangerous and grievous, which was attributed to Jan Muhammad, co-accused. Abdul Rehman P. W. received two incised wounds, one lacerated wound and three swellings on various parts of the body, of which the lacerated wound on the lower jaw was declared to be grievous. According to the F. I. R., the two incised wounds on the left ear and back of left shoulder of Abdur Rehman P. W. were attributed to Khurshid, co-accused, whereas the grievous blunt weapon injury on his jaw was…