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Petitioner: SHAD! KHAN VS Respondent: HAZRAT UMAR and another
Court Name: Peshawar High Court Judge(s): Abdur Rauf Khan Lughmani, Shehzad Akbar Khan Title: SHAD! KHAN vs HAZRAT UMAR and another Case No.: Criminal Miscellaneous Bail Cancellation Petition No,137 of 1998 Date of Judgment:1999-06-10 Reported As: 2000 MLD 1251 Result: Petition dismissed
JUDGMENT
JUDGMENT ' ABDUR RAUF KHAN LUGHMANI, J.---Shadi Khan has moved this applications under section 497(5), Cr.P.C. For the cancellation of bail before arrest granted to respondent No,1 in case F.I.R. No,171 dated 19-6-1988, registered at Police Station Tajori, under section 302/34, P.P.C., by the learned Special Judge, Lakki Marwat, vide order dated 4-7-1998. 2. After going through record of the case with the assistance of the learned counsel for the parties as well as the learned Assistant Advocate-General, we find that respondent No,1 has been attributed the usual customary role of 'Lalkara', besides being empty handed. He was granted before arrest bail as far back as on 4-7-1998 and it is not the case of the petitioner that he has misused the concession of bail in any manner. There is also background of blood feud enmity between the parties. Admittedly, the considerations for the cancellation of bail are somewhat different and in view of these circumstances of the case we do not feel persuaded to interfere with his liberty. However, we would like to observe that expression of opinion such as expressed by the learned trial Judge to the effect that nothing is on record that the principal accused acted on the directions of the respondent or that he is declared innocent, are neither desirable nor permissible at bail stage, for either of the parties may entertain certain doubt. The application stands dismissed being devoid of merits.
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