Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Criminal Procedure Code (V of 1898)  S. 497(5)-Bail, cancellation of-High Court canceling bail on ground of accused having abused such concession and no affidavit having been filed in rebuttal of allegations-Fresh application for recall of previous order canceling bail dismissed on ground of petitioner having filed no counter-affidavit controverting allegations made against him either in reply to earlier application or in support of his subsequent application -Order of High Court upheld by Supreme Court. Date of hearing: 29th June, 1977.                                                                                          JUDGMENT MUHAMMAD AKRAM, J.-On the 15-7-1976, the Sessions Judge, Kasur, allowed bail to the petitioner herein in a case registered against him under section 307/326, P. P. C. at the instance of respondent No. 2. But on the 2tth of October, 1976, on an application made by the respondent under section 497(5), Cr. P. C. the learned Chief Justice of the Lahore High Court cancelled the bail on the main ground that the petitioner has misused the concession of bail and was threatening the complainant and the other witnesses after his release on bail. The learned Chief Justice of the Lahore High Court while observing that in support of his contention the respondent has produced a report lodged to this effect with the police, cancelled his bail in the absence of any affidavit filed by the accused controverting the allegations. The petitioner then applied to the High Court for grant of bail afresh by recall of the earlier order dated 28th of October, 1976, passed by it. But on the 14th of March, 1977, the learned Chief Justice dismissed the application with the remarks that the accused has filed no counter-affidavit controverting the…