Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898) S. 497(5)-Bail, cancellation of ---- Court allowing bail equally competent to cancel same-Jurisdiction of High Court and Sessions Court in matter of cancellation of bail-Concurrent-No cogent reasons given by petitioner as to why Sessions Court granting bail bypassed and application for cancellation of bail directly submitted in High Court-Petition dismissed. Walayat Hussain Haidri for Respondents Nos. 1 to 3.                                                                                                                       ORDER         The respondents were allowed bail by the learned Additional Sessions Judge, Rawalpindi, by his order dated 21st June 1980, in a case under section 302/34, P. P. C. registered against them and Muhammad Azam, co-accused for the murder of complainant's brother, namely, Abdur Rasool. 2. As per medico-legal report, one sharp-edged weapon injury suffered by the deceased on his chest on the inner part of his left shoulder, was the cause of his death. This injury was attributed to Muhammad Azam, co-accused. So far as respondent No. 1 is concerned. according to the F. I. R. he was armed with a chhuri and caused a blow to the deceased over his head. Similarily, respondent No. 2 allegedly inflicted a blow to him with the butt of the deceased's revolver. The seat of the injury was also on the head. The role assigned to respondent No. 3, is that he held the deceased in japhha, to facilitate the murder.        3. The learned Additional Sessions Judge maintained that the…