Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss.496 & 497(5)--Penal Code (XLV of 1860), 5.354-A--Bail, cancellation of--Case registered under S.354-A, P. P. C.-Police submitting challan under 5.354, P.P.C.--High Court not adverting to circumstances of case--F.I.R. and Medical report not taken note of-­ Reasons prevailing with Police to change stance, not mentioned- -Held, it was necessary to take all relevant facts into consideration for drawing proper legal conclusion regarding nature of offence and law applicable--Order of High Court refusing to exercise powers under S.497(5), Cr.P.C. for cancelling bail granted under S. 496, Cr.P.C. was not in accordance with law. [p. 729] A, B & C Manzoor and 4 others v. The State P L D 1972 S C 81 ref. (b) Criminal Procedure Code (V of 1898)-- ---5.497--Giving specific finding or expressing opinion about merits of case or nature of offence at bail stage would be contrary to doctrine of judicial discretion. [ p. 729 ] D Hassan Ahmad Khan Kanwar, Advocate Supreme Court and S.Inayat Hussain Advocate-on-Record for Appellant. Mehr Mubashir Ali, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Respondents Nos. 2 and 3. Rao Muhammad Yousaf Khan, Advocate-on-Record and Kh. Shaukat Ali, Advocate Supreme Court for the State. Date of hearing: 20th July, 1988. JUDGMENT GHULAM MUJADDID MIRZA, J.--This appeal is by leave of this Court. It concerns the bail allowed by a learned Judge of the Lahore High Court to Ghulam Abbas and Safdar Khan respondents, by order dated 11-1-1988. On 8-8-1987, a case under section 354-A, P.P.C. was registered against respondents 2 and 3 at Police Station, Garh Maharaja. Sarfraz Khan appellant lodged the report. It was alleged that on 30-7-1987 at about Degarwela, the two respondents caught hold of his wife Manzooran Mal, stripped her and in that condition she was attacked with the Butt of a gun which Safdar Khan was carrying and a Sots which Ghulam Abbas had with him. Background of this incident was the unpleasant matrimonial relations between Zafar Iqbal son of the appellant and his wife Zubaida Mai sister of Ghulam Abbas respondent. About eighteen days prior to the occurrence,…

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