Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302/324/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(5)---.---Penal Code (XLV of 1860), Ss.302/324/34---.---Qatl-e-amd and attempt to commit qatl-e-amd---.---Cancellation of bail, application for---.---No doubt bail once granted by a competent court should not be cancelled in ordinary course, but if the bail granting order was patently illegal, erroneous, factually incorrect and had resulted in miscarriage of justice, then interference of the superior court was always required---.---In the present case accused remained fugitive from law and waited for the result of trial of his co-accused who faced trial; and it was after the acquittal of co-accused, either he surrendered or was arrested by the Police---.---Trial Court granted bail to accused on the simple ground that the role attributed to him was similar to that of acquitted co-accused, both were charged for ineffective firing---.---Such conduct of the absconding accused had never been encouraged by superior courts---.---Trial of accused was likely to commence in the near future, High Court declined to enter into the merits of the case-In view of prolong absence of accused for more than two yeaRs. accused was not entitled to the concession of bail---.---Order of the lower court releasing accused on bail was against established principles of law, which amounted to encourage fugitive of law by giving him benefit/concession for showing disrespect to law and institutions established under the law---.---Bail granting order passed by the Trial Court being patently illegal, erroneous, factually incorrect and having resulted in miscarriage of justice, was cancelled by accepting bail cancellation petition. Jan Muhammad v. The State 1978 SCMR 287; Akhtar Ali v. Azhar Ali Shah and others 1985 SCMR 1166, Atlas Khan v. Mazamullah Khan and other 1989 PCr.LJ 2044; Ibrahim v. Hayat Gul and other 1985 SCMR 382; Sardar v. The State PLD 1979 Pesh. 16; Awal Gul v. Zawar Khan PLD 1985 SC 402; Muhammad Azhar v. Dilawar and others 2009 SCMR 1202; Mst. Noor Habib v. Salim Raza and others 2009 SCMR 786; Muhammad Ahmad Sheikh v. Muhammad Aslam and others 2007 PCr.LJ 1481; Muhammad Akram v. Zahid Iqbal 2008 SCMR 1715; Muhammad…

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