Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S. 324/458/109/34---Bail---Prima facie nature of offence, determination of---Allegation made in the F.I.R. and the evidence collected during investigation should be given due weight in bail matter in deciding prima facie nature of the offence made out against an accused person and the punishment provided therefor---No presumption should be permitted to be raised that the offence being compoundable may at some stage be compounded and such presumption shall not be made a ground for grant of bail in non-bailable offences.---[Compromise]. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 324/458/109/34---Constitution of Pakistan (1973), Art. 185(3)---Cancellation of bail---Leave to appeal---High Court had exercised its discretion in granting bail to the accused on facts and circumstances of the case---Supreme Court did not feel inclined to interfere with such order---Leave to appeal was refused in circumstances. ORDER FAZAL ELAHI KHAN, J: --This is a petition for leave to appeal against the judgment of Peshawar High Court, Circuit Bench Abbottabad, in Cr. Misc. No. 133 of 1993; whereby the accused/respondent No.1 was granted bail in offence under section 324, Qisas and Diyat Ordinance read with section 458/109/34, P.P.C. charged for in FIR No. 466 dated 3-6-1992 of Police Station Haripur. It was reported by Muhammad Nawaz complainant that while he alongwith his servant Munawar Din was sitting in his "Dewri" Ghulam Ahmad alias Jallan respondent No.1 and Yahya alias Kala co-accused came in a Suzuki Van and stopped it near the Dewri and after getting down from it they started firing with Klashnikov and a shot gun at him, with which he and Muhammad Din got injuries. Yahya accused was apprehended after the occurrence while Ghulam Ahmad approached the Court by filing an application for his bail before arrest. On rejection of his application the police arrested him on 27-9-1992. His bail application made before the Ilaqa Magistrate on the ground of alibi was rejected on 17-10-1992. He made a further application for bail. before the Addl. Sessions Judge,…

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