Law:

Section:

Criminal Procedure Code (V of 1898) -- S. 497 (5) Bail, cancellation of Cancellation of bail of respon¬dents, accused of murder, pressed on grounds : (i) Respondents in F. I. R. attributed specific parts ; (ii) police investigation revealing sufficient evidence regarding respondents being guilty of offence of murder ; (iii) respondents on bail abusing concession of bail and suborning prosecution witnesses Grounds having already been taken into account by High Court, cancellation of bail, declined, in circumstances. ORDER NASIM HASAN SHAH, J. The petitioner, Ata Muhammad, by this petition seeks special leave to appeal from the order dated 11 2 1976 of a learned Single Judge of the Lahore High Court, Lahore, passed in Criminal Misc. No. 147 B of 1977 whereby his application under section 497 (5) read with section 561 A, Cr. P. C. for cancellation of bail granted by the Sessions Judge, Gujrat to respondents 1 4 herein was dismissed. 2. The relevant facts necessary for the decision of this petition are that an F. I. R. was lodged by the present petitioner, Ata Muhammad at 8 p.m. on 13 4 1975 at Police Station Kuthiala Sheikhan, Tehsil Phalia, District Gujrat, alleging that on the day of occurrence, while he (the complainant) and other members of the complainant party were sitting at a distance of one mile from the place of occurrence. One Moonda came there and informed them that although his turn of water was upto 6 p.m. but Shera respondent had got the water cut earlier. On hearing this, all the members of the complainant party set off for the field of Ghulam Muhammad where Shera (respondent No. 1) was present along with Bakhsha (respondent No. 2), Inayat alias Natu (respondent No. 3) and Mansha (respondent No. 4) armed with guns, and Riaz, Nawaz and Wali, empty handed. When the complainant party reached there, all the above named seven persons came out from a nearby dera and raised lalkara. Shera (respondent No. 1) and Bakhsha (respondent No. 2) fired at Sikandar, who fell down and died on the spot. Inayat alias Nathu (respondent No. 3) and Mansha (respondent No. 4) fired at Shana, who fell down. Umra also suffered firearm injury in this incident and fell down.…

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