Law:

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Criminal Procedure Code (V of 1898)--S. 497(5)---Penal Code (XLV of 1860), S. 302/324/337/34---Constitution of Pakistan (1973), Art. 185(3)---Cancellation of bail---High Court, no doubt, had given no reason other than the reason of cross-version for allowing bail to accused, but in view of the dying declarations from both sides and the record of investigation case of accused was otherwise fit for grant of bail on merits---Both the parties had been sent up for trial---Leave to appeal was refused by Supreme Court in circumstances. S.M. Nasim, Advocate Supreme Court for Petitioner. (in Cr.P.L.A. No. 81/L of 1998). Malik Sarfraz, Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record. (in Cr.P.L.A. No. 81/L of 1998). Nemo for Petitioners (in Cr.P.L.A. No. 82/L of 1998). Ch. Talib Hussain, Advocate-on-Record for Respondents (in Cr.P.L.A. No.82/L of 1998). Date of hearing: 2nd October, 1998. JUDGMENT MUNIR A. SHEIKH, J.---This judgment shall dispose of Criminal Petition for Leave to Appeal Nos. 81-L of 1998 and 82-L of 1998 as questions of law and facts are common in both of them. 2. Leave to appeal is sought against the order dated 16-1-1998 of the Lahore High Court, Bahawalpur Bench passed in Criminal Miscellaneous Nos.980-B and 1040-B of 1997, through which the respondents have been granted bail in case F.I.R. No.38 of 1997 registered under sections 302, 324, 337 and 34, P.P.C. and case F.I.R. No.38 of 1997, registered under section 302/324/34, P.P.C., respectively. 3. F.I.R. No.38 of 1997 was lodged by Ghulam Murtaza in which he nominated Muhammad Anwar, Muhammad Arshad and Akhtar Ali, deceased as accused persons. Akhtar Ali who suffered firearm injuries died in the Hospital and before death, made a dying declaration on the basis of which investigation was held and Tariq Mehmood and Ghulam Murtaza from the complainant side were also challaned. 4. The main objection of the learned counsel for the…

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