Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- S. 497 Penal Code (XLV of 1860), S.302/34 Constitution of Pakistan (1973), Art.185(2) Bail, grant of High Court had cancelled the bail granted to accused by Sessions Court on the ground that the accused was vicariously liable for the offence Section 497(1), Cr.P.C. had laid prohibition for the grant of bail for offences entailing punishment of death, imprisonment for life or imprisonment for ten years, whereas no such condition had been imposed by S.497(5), Cr.P.C. for canceling the bail which could be recalled if the bail granting order appeared to be injudicious or perverse Sessions Court while, granting bail to accused had taken into consideration the material available on record and the discretion exercised by it under S.497(1), Cr.P.C. in favour of accused was neither perverse nor arbitrary Accused was admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898) - S. 497(5) Penal Code (XLV of 1860), S.302/34 Bail, cancellation of Intent and import Considerations for the grant of bail and cancellation thereof are different Section 4970), Cr.P.C. lays prohibition for the grant of bail for offences punishable with death, imprisonment for life or ten years' R.I., whereas subsection (5) of the said section has not imposed any such conditionality for canceling the bail Any bail granting order which appears to be injudicious or perverse to the High Court or the Sessions Court can be recalled by it. JUDGMENT MIAN MUHAMMAD AJMAL, J. Leave to appeal is sought against the judgment of the Peshawar High Court, D.I. Khan Bench dated 24 3 2003, whereby Criminal Miscellaneous B.C. No. 122 of 2002 of Nazir Ahmad complainant/respondent was accepted, bail granted to the petitioner was recalled and he was taken into custody. 2. Brief facts as per First Information Report are that on 29 11 2001 at 8 30 a.m., Nazir Ahmad complainant and Bashir were going to the Dera Bazar on bicycles, Muhammad Salim was also going to the Dera on a bicycle ahead of them with load of milk pots. When Muhammad Salim reached near the shop of Allah Nawaz petitioner his co accused Sona and Qayum Nawaz armed with axes came out from the shop and…

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