Law:

Section:

Criminal Procedure Code (V of 1898)---- ---S. 497(5)-Penal Code (XLV of 1860), Ss.302 & 34---Bail, cancellation of---High Court granted bail to the accused and complainant filed application for its cancellation---High Court under subsection (5) of S.497, Cr.P.C., was competent to cancel bail granted by itself---Only that bail could be cancelled by the High Court which had been granted by it applying wrong principles or in departure from settled law---As regards question of bail in the cases of persons facilitating the execution of shot or fatal injury, no hard and fast rule had been laid down---Each case of such accused had to be dealt with individually on its own merits in' the light of facts and circumstances---Bail plea in cases of facilitated killing, had to be decided on the basis of tentative assessment of the material on question of vicarious liability---High Court, in the present case, neither had assessed tentatively the material collected against accused during investigation nor had considered aspect of vicarious liability---Material on record had shown that accused, who had motive against deceased, came along with three co-accused duly armed with pistols and actively participated in joint operation by holding victim from his arm and facilitating execution of shot by his co-accused---Evidence was also available that accused went away along with his co-accused firing in the air after completing operation---Such evidence had fully attracted the application of S.34, P.P.C.---Accused, in circumstances did not deserve grant of bail---As bail was granted to accused in departure from principle adhered to by Supreme Court for grant or refusal of bail in the cases of accused facilitating fatal injury, same was cancelled---Trial Court would get accused arrested. Umer Daraz's case 2004 SCMR 1019; Barkat Bibi 1979 SCMR 65; Hakim Ali's case 1979 SCMR 114; Habibullah Khan 1985 PCr.LJ (S.C) 744; Shahid v. State 1994 SCMR 393; Basharat Hussain's case 1978 SCMR 375 and 1981 SCMR 35 ref. ORDER MUHAMMAD SADIQ LEGHARI, J.---Through present application under section 497 (5), Cr.P.C applicant/complainant Syed Abdullah Shah seeks cancellation of the bail granted to…

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