2012 PLP 2725 (YLR)

IFTIKHAR HUSSAIN SHAH, J.

Muhammad Yousaf Khan, petitioner, who is the complainant of case F.I.R. No.139 dated 8-8-2011 registered under sections 324/148/149, P.P.C. read with section 13/20/65 of the Arms Ordinance at Police Station, Musa Khel District Mianwali, has made the present petition under section 497(5), Cr.P.C. for cancellation of bail granted to respondent No.2 Imran Khan, by the learned Additional Sessions Judge, vide order dated 10-9-2011 on the ground that specific role of causing injury at the person of Mohsin Nawaz was attributed to him and the weapon of offence was yet to be recovered and the learned Additional Sessions Judge has confirmed his pre-arrest bail arbitrarily.

2. On the other hand, the application was opposed by the learned counsel for respondent No.2. It is contended that it was found during the investigation that Mohsin Nawaz was not present at the spot at the time of occurrence and he had withdrawn his pre-arrest bail in the cross-version, Therefore, the impugned order is in accordance with law and is liable to be maintained.

3. Arguments heard. Record perused.

4. The allegation against the respondent is that he while armed with fire arms along with his co-accused formed an unlawful assembly in the area of Wandha Ghoranianwala Dakhli Musa Khel District Mianwali within the jurisdiction of Police Station, Musa Khel and in furtherance of their common object attacked on the complainant party and injured Mohsin Nawaz and Safeer Ahmed Khan.

5. The considerations for grant of cancellation of bail are altogether different from those required for the grant or refusal of bail. Once, the accused has been admitted to bail by a competent Court of law then extraordinary circumstances are required to interfere with the said order. The most important factor for the cancellation of bail is the conduct of the parties after bail and the factors which are to be considered for the cancellation of bail are that whether the person who has been enlarged on bail is misusing the facility of bail or is likely to abscond from the jurisdiction of the Court or is hampering the investigation or is threatening to the witnesses or is creating obstruction in the course of Justice.

6. The allegation against the present respondent is that he caused blow of "Butt" of gun at the right hand of Mohsin Nawaz and injured him but the impugned order itself has revealed that Mohsin Nawaz, who was allegedly injured by the respondent was not found present at the time of occurrence at the place of occurrence and he himself had withdrawn his application for seeking pre-arrest bail in the cross-version of this case.

7. In these circumstances when Mohsin Nawaz, allegedly was not found present at the time of occurrence and no injury was attributed to him by Imran Khan, the learned Additional Sessions Judge has rightly confirmed his pre-arrest bail. There is nothing on record that Imran Khan respondent after confirmation of his pre-arrest bail has misused the concession of bail. Therefore, there is no cogent reason for the cancellation of bail granted by the competent Court of law. This petition having no merit is hereby dismissed. MWA/M-385/L Petition dismissed.