Law: Criminal Procedure Code (V of 1898)

Section: 497

(i) Criminal Procedure Code (V of 1898) - ----- S. 497 (5)—Bail—Cancellation   of—Material   available on record sufficient to connect all four accused with commission of offence falling within prohibition contained in S. 497 (1) — Additional Sessions Judge, however, granting bail in utter disregard of such material—Held : Order being beyond scope of jurisdiction of court dealing with bail matters, same to be set aside. [P. 291]J3 (ii) Criminal Procedure Code (V of 1898) - _—S. 497 (5)—Bail—Cancellation of—Medical certificates issued by responsible medical officers showing petitioner suffering from heart disease—Held : Order of (grant of) bail to be maintained in cir­cumstances. [P. 291]C (Hi) Judge - -------- Illegal exercise of pow<*r by—Effect of—Additional Sessions Judge while granting bail observing accused party having won election, complainant party to naturally launch attack on it—Held : Such illegal exercise of power to debar Judge from trial of case. [P. 2911.4 Mr, Zahoorul Haq, Advocate assisted  by Malik  Saeed Akhtar, Advo­cate for Petitioner. Mufti   Muhammad Idris,    Advocate   &   Mr.  Abdullah Jan Mirza, Advocate for Respondents No. I & 4. JUDGMENT   This application has been moved by Sardar Abdul Haraeed for the cancellation of bail granted to the accused-respondents by the learned Additional Sessions Judge, Abbottabad. 2.    It may be briefly stated that report to the incident was made by Abdul Majid son of Said AH in Police Station Mirpur at   15-25 hours on 28-10-1983 wherein  it was stated that on the  day of occurrence after attending the marriage ceremony of Aurangzeb son of Mohabbat resident of Aspadar,  Sardar  Farid,  Sardar  Rashid,  Shah  Sultan  and Jehanzeb proceeded towards the general road where they came across Momin Khan, Ali Asghar sons of Ali  Khan,  Muhammad Salim, Irshad sons of Aziz Khan  standing  there duly   armed  with …