Law:

Section:

Criminal Procedure Code (V of 1898)- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302,324, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, cancellation of---Accused were named in the F.I.R. of the occurrence which had resulted in death of five persons and firearms injuries to two more persons---Police, though had declared the accused innocent, yet ipse dixit of police was not binding on the court---Plea of alibi taken by the accused person was not beneficial as the first Investigating Officer had not conducted the investigation honestly and fairly---Sufficient material was available to connect the accused with the commission of the alleged offence---False implication of accused was not likely in the absence of previous enmity between the parties---Accused persons were, prima facie, involved in a heinous criminal case, which fell within prohibitory clause of S.497(1), Cr. P. C. ---Bail granted to accused persons was, therefore, cancelled. 2007 SCMR 482 ref. M. Iqbal Bhatti for Petitioner. Ahsan Rasul Chattha, D.P.-G. for the State. Sakhawat Ali for Respondents Nos.1 to 3. Muhammad Iqbal S.-I. with police file. ORDER Through this application under section 497(5), Cr.P.C. the petitioner seeks cancellation of bail granted to respondents Nos.1 to 3, who are accused in case F.I.R. No.617 of 2009 dated 2-12-2009, registered at Police Station Badami Bagh, Lahore, under sections 302, 324, 148, 149, P.P.C. read with section 7 A.T.A. 1997. 2. Briefly, the facts of the case as contained in the F.I.R. lodged by the peti tioner/complainant are that on 2-12-2009 at about 12-30 noon he reached the street of his house in the company of his son Wajahat Hussain from his college and found some persons gathered there; Muhammad Pervez, paternal nephew of the complainant, informed him that the accused Yasin and Noman alias Nona had abused and slapped him early in the morning on the false pretext that he was obstructing the sale of their house; due to which the accused Yasin, Noman alias Nona along with his friends Liaqat Ali alias Lalu. Shoukat Ali, Sarwar alias Shera. Rafaqat Ali sons of Muhammad Aslam and Muhammad Naeem…