Mst. Samina Bibi vs Abdul Khaliq Ss — 2025 MLD 109 QUETTA-HIGH-COURT-BALOCHISTAN

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Mst. Samina Bibi VS Abdul Khaliq Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Petition for cancellation of bail dismissal of---Scope---Accused-respondents were charged for committing murder of the husband of the complainant---Record of the case revealed that prior to lodgment of the present FIR and the alleged murder of the deceased one nominated accused in the present case lodged FIR under S.365-B, P.P.C, against "M" and deceased and two others wherein, the complainant alleged that his wife "M" without obtaining talak contracted marriage with deceased---Perusal of record revealed that with regard to extending threats to deceased, by the complainant of that FIR and others, a complaint under Ss. 107 & 151, Cr.P.C., was filed, but perusal of the same revealed that in said complaint, respondent No.l was neither nominated in any manner, nor had he been alleged to have extended threats to deceased---In the application under S.498, Cr.P.C., for grant of pre-arrest bail, the respondent No. 1 had specifically taken the plea of alibi and stated that at the date and time of occurrence, he was present in a meeting in the office of Chief Secretary, and in that respect he also produced the CCTV footages and certificate to the Investigating Officer coupled with the attendance certificate of meeting held on 07.03.2024, wherein, his name was mentioned at serial No.07 of the attendance sheet---Nothing was found to show that accused/respondent had misused the concession of bail---Consideration for the grant of bail and cancellation thereof is entirely on different footings---Generally speaking, the Courts are reluctant to interfere in the order of grant of bail and even in cases, where it is apparently found that the bail granting order is not sustainable in the eyes of law, the Courts restrain from interfering in such matters, if it is found that there is nothing to show that respondent/accused has misused the concession of bail---Petitioner could not point out on record as to whether respondent No.1 had violated any of the conditions, which could become basis for cancellation of bail granted to him---Accumulative effect was that the impugned order was in accordance with law and petitioner had failed to justify that Trial Court had erred in law, which by any stretch of imagination could be termed as perverse, arbitrary and fanciful---Petition for cancellation of bail was dismissed.

Mst. Samina Bibi vs Abdul Khaliq Ss — 2025 MLD 109 QUETTA-HIGH-COURT-BALOCHISTAN

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