Law:

Section:

(a) Criminal Procedure Code (V of 1898)- ---- S.497(5) --- Penal Code (XLV of 1860), S324/148/149 --- Bail, cancellation of --- Accused stood specifically named in the F.I.R. with specific allegation of being armed with specific fire-arms used by them during the occurrence --- No conclusive finding by any of the Investigating Officers regarding their innocence existed --- Discretion exercised by Special Court in admitting accused to bail before arrest was consequently not judiciously exercised --- Pre-arrest bail allowed to accused was recalled accordingly. (b) Criminal Procedure Code (V of 1898)- ---- S. 497(5) --- Penal Code (XLV of 1860), S324/148/149 --- Bail, cancellation of --- Accused were specifically named in the F.I.R. with specific allegation of having resorted to firing with their fire-arms resulting in injuries to four persons --- Occurrence appeared to be a free fight amongst two groups of desperado who were out to humble each other in order to establish their respective superiority--Such like persons who resort to indiscriminate firing out in the open are a danger not only to the lives of innocent persons but also create alarm and panic in the area and the accused being dangerous and desperate criminals were not entitled to the concession of bail either in enquiry or in law --- Bail allowed to accused by Special Court was recalled circumstances JUDGMENT One Abdul Rashid alias Shida Gadi approached this Court through Crl. Misc. N0'.2328/B of 1992 seeking his release on bail in a case registered against him for the alleged commission of an offence punishable under section L3-B of Arms Ordinance of 1965 on account of a KLASHNIKOV having allegedly been recovered from his possession for which possession the said accused had no licence. The F.I.R. which was registered in this connection was F.I.R. No.207 of 1992 of Police Station Misri Shah of Lahore. 2. During the hearing of this bail matter, it transpired that the said KLASHNIKOV had been recovered from the said Abdul Rashid accused during the course of the investigation of a case F.I.R. No.195 of 1991 of Police Station Misri Shah which stood recorded for the alleged commission of offence punishable…

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