Law: Criminal Procedure Code (V of 1898)

Section: 497(5), 9(3)

Law: Penal Code (XLV of 1860)

Section: 326

(a) Criminal Procedure Code (V of 1898) S. 497 read with Penal Code (XLV of 1860), S. 326-Bail, cancellation of-Injury caused by accused to complainant held, per report of doctor, to be grievous by lower Courts-Injury apparently on vital part of body which with little more penetration could cause death --- Accused being directly charged for stabbing and injury also determined by doctor to be grievous-Bail, held, rightly cancelled. (b) Criminal Procedure Code (V of 1890) Ss. 497(5) & 498 read with S. 9(3) and N.-W.F.P. Government Notification No. S. O. Judi. (HD) 3-8/71 - Delegation of power of Sessions Judge to Additional Sessions Judge-Notification issued under S. 9(3) appointing Judge concerned as Additional Sessions Judge to exercise jurisdiction within relevant Sessions Division and Sessions Judge specifically transferring case to such Additional Sessions Judge for disposal-Cancellation of bail by such Additional Sessions Judge---Held, not illegal, in circumstances. Kalu and other,. v. State A I R 1954 Raj. 22 and Mupal v. Ghulam and others P L D 1953 Lah. 110 distinguished. Date of hearing: 23rd February 1976.                                                                                                                                    JUDGMENT This is an application under section 497/498 of the Criminal Procedure Code challenging the order dated 2-1-1976 of the learned Additional Sessions Judge, Mardan, whereby bail granted to the petitioner was cancelled and he was remanded to judicial custody pending his trial. 2. The facts giving rise to the present application are that on 4-10-1975 at about 13-20 hours the complainant, Mehr Dil, was grazing his sheep in the field of Kabal Khan when Nazar alongwith his brother, Qamar, appeared. It is alleged that Nazar was armed with a dagger and on coming close to the complainant he…