Law:

Section:

(a) Penal Code (XLV of 1860) S. 302/34 read with Criminal Procedure Code (V of 18981, S. 497 (5j Common intention Bail, cancellation of Respondent accused colluding with his co accused and playing active role in transac-tion by catching hold of deceased and allowing principal accused to inflict fatal below on deceased Provisions of S. 34, held, prima facie attracted and respondent accused not entitled to bail Bail cancelled. ¬ (b) Criminal Procedure Code (V of 1898) ----S.497 Bail Submission of Challan even if submitted yet no date having been fixed for trial, mere submission of challan, held, no ground of bail. (c) Criminal Procedure Code (V of 1898) S. 497 Bail Delay Complainant petitioner filing petition for cancellation of bail of accused respondent only 20 days after announce¬ment of order allowing bail but petition coming up for hearing before Supreme Court about 13 months later Petitioner having filed petition promptly, no advantage, held, could be taken by respondent accused for delay in hearing petition. (d) Criminal Procedure Code (V of 1898) -----S. 497(5) Cancellation of bail Provisions of S. 497(5) Held, do not constitute a bar to a party proceeding in Supreme Court against an order of High Court instead of applying in same Court for cancellation of bail. ORDER NASIM HASAN SHAH, J. This petition for cancellation of bail is directed against the order of the Lahore High Court, dated 4 11 1976, whereby respondent No. 1 was granted bail. 2. Brief facts of this case are that two or three months before the occurrence, Mst. Parveen (deceased), the petitioner's daughter, was teased by Gulzar, respondent. However, the matter was patched up as a result of the efforts of the people living in the Mohalla. On the day of the occurrence, namely, the morning of 19 12 1975, while Mst. Parveen Akhtar (deceased) was standing in front of her house, she was again teased by Afzal alias Kala accused whereupon she abused him. Kala accused left the spot after threatening to teach her a lesson for abusing him. Sometime later, at about 8/9 a. m., when the petitioner and her daughter were having their meal in the deorhi, Kala accused armed with a dagger and Gulzar,…

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