Khalid vs State S — 2025 YLR 1274 ISLAMABAD

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Khalid VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 324, 109 & 34---Attempt to commit qatl-i-amd, abetment, common intention---Petition for cancellation of bail, dismissal of---Allegation against the accused-respondents were that they came to the house of complainant/ petitioner and beat his daughter and forcibly abducted her which resulted in a fire shot on her right leg by accused---Once concession of bail was granted by a Court of competent jurisdiction then very strong and exceptional grounds would be required to hamper with the concession extended to an accused who was otherwise clothed with free life, as a consequence of concession of bail---If any other view was taken by the Court, it would be synonymous to curtailing the liberty of said accused prior to completion of trial, which otherwise was a precious right guaranteed under the Constitution of the country---In the present case, petitioner had not pressed any ground i.e. (i) accused had misused the concession of bail in any manner, (ii) accused had tried to hamper prosecution evidence by persuading/pressurizing prosecution witnesses, (iii) there was likelihood of absconsion of the accused beyond the jurisdiction of Court, (iv) accused hadattempted to interfere with the smooth course of investigation, (v) accused misused his liberty while indulging into similar offence, and that, (vi) some fresh facts and material had been collected during the course of investigation which tended to establish guilt of the accused---Impugned order appeared to be in accordance with law and facts of the case, therefore, did not call for any interference---Consequently, present bail cancellation petition was dismissed.

Khalid vs State S — 2025 YLR 1274 ISLAMABAD

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