Darya Khan complainant has filed this petition for the cancellation of bail of the respondents who were charged for murder in case F.I.R. No,461 dated 26-11-2003. Vide an order dated 6-4-2004 the petition for cancellation was entertained only with regard to the respondent No, 1 . He was directly charged for having fired at the deceased Mehtar Yougaf with his .30 bore pistol.
2. The learned counsel for the petitioner argued that three brothers and their father have been charged in a promptly lodged report relating to a day light occurrence. There is no doubt about identification of the accused. The father and one other accused have been arrested whereas two others are still absconding. Learned counsel referred to the case law by arguing that the investigation has prima facie proved the case against the accused but by misusing their influence they have obtained another version of the occurrence through another inquiry report.
3. The learned counsel for the accused/respondents argued that the criteria for cancellation of bail and that for grant thereof are entirely different. He was of the view that the occurrence as reported in the F.I.R. Does not appeal to logic because it was impossible that three persons should hold the accused to allow their father to kill him by firing at him and there may be every chance of hitting one of the sons. The learned counsel also referred to' the challan of the accused where the accuse have been placed in Column No,2.
4. Notwithstanding the arguments and the result of the trial of the case after recording evidence, I am of the view that since the trial has commenced and the accused has already been released on bail and there is no evidence that he has committed any overt-act for the hampering of the investigation or of the trial after his being released on bail and the prosecution is also double minded about the occurrence and another counter-version has been given by the police, therefore, in such a situation the cancellation of bail shall not be justified.
5. The petition is accordingly rejected with the direction to the learned trial Court to expedite the matter as for as possible.