Law:

Section:

Criminal Procedure Code (V of 1898)----S. 497(5)-Bail, cancellation of-Case investigated by four different agencies and petitioner's name yet borne on column 2 of Police challan-Petitioner also not found to have abused liberty of bail-High Court canceling bail granted to petitioner on ground of prosecution case having been fortified by three persons in their statements under S. 161, Criminal Procedure Code, 1898 and such persons claims to have witnessed crime committed by petitioner-Release of petitioner on bail by Sessions Judge on ground of opinion of Investigating Officers being no legal evidence having support of precedents from good authority and during course of long period of more than one year no complaint having been made against petitioner for having abused concession of bail, order of cancellation of bail, held, hardly justified and petitioner directed to be released on bail. Rehmat Ullah v. The State 1970 S C M R 299 and Karam Din Y. Muhammad Ashraf and 2 others 1970 S C M R 230 ref. ORDER ABDUL KADIR SHAIKH, J.-The petitioner Saeed Ahmad and four others are facing trial in a case under sections 302, 307, 326, 149 end 148, P. P. C. which was registered under F. I. R. dated 2-11-1979 at the Police Station, Dayya, District Sialkot. The petitioner was released on bail by the order of the Additional Sessions Judge, Sialkot dated 10-1-1980 on the ground that in spite of the fact that two responsible Police officers had conducted investigation of the case separately, yet he was considered as innocent and his name was therefore placed in Column 2 of the Police Challan, and the case against him called for further enquiry. The petitioner remained throughout on bail till 10-2-1981 when a learned Single Judge of Lahore High Court, in exercise of suo motu powers, cancelled petitioner's bail on the ground that three witnesses in their statements under section 161 of the Code of Criminal Procedure had implicated him in the crime, and "on the general opinion of the Investigating Officer it cannot be said at this stage that the respondent (petitioner herein) did not take part in the occurrence". The petitioner now seeks special leave to appeal from the order of the…

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