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Petitioner: KHALID IQBAL VS Respondent: THE STATE and otherss
Court Name: Lahore High Court Judge(s): Tariq Shamim Title: KHALID IQBAL vs THE STATE and otherss Case No.: Criminal Miscellaneous No. 7186-C-B of 2006 Date of Judgment:2006-09-15 Reported As: 2007 MLD 85 Result: Petition dismissed
Judgment ORDER ' TARIQ SHAMIM, J.---Through this petition the petitioner has sought cancellation of bail granted to respondent No.2 by the learned Addl. Sessions Judge, Khushab, vide order, dated 18-5-2006 inter alia on the grounds that the articles allegedly stolen by the said respondent had yet to be recovered and that the DSP Joharabad, who had lastly investigated the case, had directed the Investigating Officer to seek cancellation of bail of the said respondent. 2. I have perused the F.I.R. And the orders of the learned Addl. Sessions Judge. The bail to respondent No. 2 was granted by the learned Judge holding that there was a delay of 7/8 months in lodging of the F.I.R.; that name of respondent No.2, the father of main accused Amir whose bail was declined by the same order, was not mentioned in the application submitted by the petitioner for the registration of the case and that he could have been involved by the complainant due to ulterior motives. A perusal of the F.I.R. Also reveals that the main thrust of allegations is against Amir accused the son of the said respondent. 3. The learned subordinate Court has not committed any illegality as the conclusions drawn by the learned Court cannot be termed as unrealistic. Even otherwise the considerations for grant and cancellation of bail are quite distinct and the learned counsel has not been able to point out any illegality, irregularity, perversity or arbitrariness in the orders of the learned Court requiring interference by this Court. Further, it is not the case of the petitioner that respondent No.2 after the grant of bail has misused the concession in any manner. 4. Resultantly, this petition has no force which is dismissed inlimine.