Law:

Section:

Criminal Procedure Code (V of 1898) .. S.497(5) Penal Code (XLV of 1860), S.302 Cancellation of bail ¬Accused had been admitted to bail by the Special Judge on the ground of compromise alone Petitioners being the true legal heirs of the deceased had been wrongly and illegally ignored by the lower Court in the compromise proceedings Impugned order granting bail to accused on the basis of such compromise was patently illegal and unwarranted and the same was, consequently, set aside. PLD 1996 SC 178 and NLR 1992 SC 508 ref. THIS JUDGMENT DELIVERED BY: MALIK HAMID SAEED, JUSTICE:---.--- Mst. Rubina and her minor daughter named Mst. Zarkesh have by this application filed under section 497(5), Cr.P.C. sought the indulgence of this Court to recall the bail granted to Inam Khan, accused/respondent herein, by the learned Special Judge Bannu on 27 10 1997, in case FI.R. No.328, dated 17 3 1992 registered at Police Station Bannu City under section 302, P.P.C. 2. The prosecution's case in brief is that on 17 3 1992 at 1735 hours, Iqtidar Khan son of Bahadur Khan, had lodged a report in injured condition in the Emergency Ward' of District Headquarters Hospital Bannu to the effect that on the eventful day at 7 10 p.m. while coming out from the house of his father in law, namely, Wali Ayaz Khan, and reaching near Rashid Hotel in 'Chai' Bazar travelling Motorcar No.BUB 5085 and accompanied by his aunt's son named Tariq Mehmood son of Gul Ajab Khan, when Inam Khan son of Muhammad Yunis, accused/respondent herein, duly armed with .30 bore pistol emerged at the scene and opened fire at him, as a result whereof he sustained injuries on his right arm and chest. The accused/respondent, thereafter, decamped from the spot. Motive for the offence was stated to be a dispute over women folk and the occurrence was alleged to have been witnessed by the aforesaid Tariq Mehmood. The injured/complainant, thereafter, succumbed to the injuries and his report was as such reduced into writing as a dying declaration in the shape of Murasila by the S.H.O. Nazif Shah in presence of two qualified doctors on duty. Initially the case was registered under section 324, P.P.C. but after the death of the…

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