Law:

Section:

Criminal Procedure Code (V of 1898)---------Ss. 498 & 497(5)---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Petition for cancellation of bail---Discretion exercised by High Court in confirming interim pre-arrest bail after hearing parties, did not suffer from .any apparent illegality or -arbitrariness---High Court had weighed facts and circumstances of case carefully for the limited purpose of grant or otherwise of bail, which did not warrant any interference by Supreme Court in exercise of its jurisdiction---Accused persons during last more than two years having enjoyed concession of bail without misusing it, should not be put behind the bars by recalling bail order---Leave to appeal against impugned order, was declined. Abdul Mujeeb Pirzada, Advocate Supreme Court and Akhlaq Ahmad Siddiqui, Advocate-on-Record for Petitioner. Khawaja Naveed Ahmad, Advocate Supreme Court for Respondents Nos.1 to 5. Dr. Qazi Khalid Ali, Additional Advocate-General, Sindh for the State. Date of hearing: 4th May, 2004. JUDGMENT RANA BHAGWANDAS, J.--- Petitioner-complainant seeks cancellation of pre-arrest bail granted to the respondents by High Court of Sindh, Bench at Sukkur vide order, dated 21-2-2003, for which detailed reasons were recorded on 25-4-2003. 2. Respondents are employed in Police Department with the exception of respondent No.4 Abdul Khaliq alias Shahzado, who is serving as Clerk in the office of Union Council, Qadirpur and respondent No.5 Abdul Rehman serving as Primary Teacher. All the respondents are involved in F.I.R. No.99 of 2001 registered at Police Station Ghotki in relation to the murder of deceased Ghulam Nabi committed at about 7-35 p.m. on 19-5-2001. Active part of firing from their respective kalashnikovs has been attributed to respondent Abdul Karim alias Karim Bux and Abdul Khalique alias Shahzado; role of instigation is ascribed to respondent Abdul Sattar, who is stated to be suffering from paralysis while act of indiscriminate firing from their rifles has been attributed to respondents Abdul Shakoor and Abdul Rehman. According to the F.I.R., there appears to be background of hostile relationship between the…

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