Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Offence of Zina (Enforcement of Hudood), Ordinance (VII of 1979), S.16---Cancellation of pre-arrest bail, refusal of---Complainant was aggrieved of pre-arrest bail granted to his son-in-law who, despite having divorced his daughter, was still living with her and both of them were living as husband and wife---Facts regarding confirmation of divorce were disputed in the case---Accused respondent had stated before High Court that the application under section 7 of the Muslim, Family Laws Ordinance, 1961, was got signed from him by his father-in-law(complainant) which he had submitted before the union council, but he himself had never attended the office of union council and never received the certificate of confirmation of divorce---Accused stated that he had revoked his divorce within 74 days of signing of the divorce deed---Wife of the accused had also appeared before High Court and confirmed that divorce was revoked and "Raju" had taken place prior to the expiry of her Iddat period and she had supported the stand taken by her husband in the Court---Complainant had not involved his daughter in the case though the allegations against her were also similar to those against his son-in-law, and he had adopted a policy of pick and chose amongst the accused persons---Such attitude of the complainant had made his action mala fide which was the basic ground for grant of pre-arrest bail---Controversy over the facts as well as period of "Raju" between both the parties had made the case against the accused of further inquiry and he was entitled to remain on bail---Petition was dismissed in circumstances. 1994 SCMR 2098; 2006 CLC 1525; 2000 MLD 173; PLD 1993 SC 901; 1991 MLD 1198; 2003 YLR 2592 and 1987 PCr.LJ 1976 ref. JUDGMENT KHAWAJA NAVEED AHMED, J.---This is an application filed by Muhammad Nasir Khan for cancellation of bail. of his son-in-law Syed Usman son of Syed Mazhar, who was first granted interim pre-arrest bail vide order dated 9-10-2007, which was 'subsequently confirmed on the same terms vide order dated 30-10-2007 by a learned Single Judge of this Court. Brief facts of the prosecution case are that…

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