Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.324/148/149---Attempt to commit qatl-e amd---Cancellation of bail, application for---Principles---Grounds for grant of bail were totally different from the principles for cancellation of bail already granted to an accused---Only point required to be considered in the bail cancellation application would be that the bail was misused or the evidence was tampered with by accused---Strong and exceptional grounds were to be proved for cancellation of bail---Court had to see whether strong and exceptional grounds were available in the case for interference in the bail granting order in favour of accused---No illegality or factual incorrectness was found in the impugned bail granting order and no material was available to prove that the grant of bail had resulted in miscarriage of justice---Grounds required for cancellation of bail therefore were not available in the case---Complainant had sustained a single firearm injury which too was on his non-vital part of the body---Cause of said sole injury having not been ascertainable question as to whether accused had shared common intention to kill the complainant, would require further inquiry---Complainant had not been able to convince the court that either accused had mis-used concession of bail or tampered with the evidence---No strong and exceptional reasons were pointed out for justifying cancellation of bail---Even on merits, bail granted to accused through impugned order was correct and resulted no mis-carriage of justice because it was a case of further inquiry---Application for cancellation of bail was dismissed, in circumstances. PLD 1986 SC 173; Muzaffar Iqbal v. Muhammad Imran Aziz and others 2004 SCMR 231; 2009 SCMR 786 and 2008 SCMR 1715 ref. Anwarul Haq for Petitioner. Gohar Zaman Kundi, Wali Ayaz Khan and Fazl ur Rehman Baloch for the State. Date of hearing: 23rd April, 2010. JUDGMENT ATTAULLAH KHAN, J.---Raqibaz Khan complainant has moved this application for the cancellation of bail granted to the accused/respondents Nos. 1 to 9 by the learned Additional Sessions Judge-III Bannu vide order dated 25-11-2009. 2. Brief facts…