' IJAZ-UL-HASSAN KHAN, J.--- Leave to appeal is sought against the order of Lahore High Court, Lahore dated 26-9-2007 passed in Criminal Miscellaneous No,466/B of 2007, granting bail to respondents in case F.I.R. No,663 of 2006 dated 5-10-2006 registered under sections 302/148/149, P.P.C. At Police Station Saddar Raiwind, District Kasur, at the instance of complainant Muhammad Akram, brother of Sagheer Ahmad deceased.
2. The facts of the case have been mentioned elaborately in the order impugned, hence reproduction whereof, would be of no use.
3. Rana Muhammad Arif, learned counsel for the petitioner, in support of petition for cancellation of bail, contended that sufficient material was collected during the investigation of the case, connecting the respondents with the commission of crime; that specific role of firing has been attributed to respondents, and that High Court has gone deep and highlighted merits of the case in detail, prejudicing the case of the petitioner.
4. On the contrary, learned Deputy Prosecutor-General, refuted the contentions of learned petitioner's counsel and supported the impugned order forcefully.
5. It needs no reiteration that for cancellation of bail, strong and exceptional grounds are required.
This Court ordinarily does not interfere with the order of the High Court relating to bail particularly in case of murder when the trial is to commence so as to avoid discussion and remarks on the merits of the case. It is to be seen as to whether order granting bail is patently illegal, erroneous, factually incorrect and has resulted in miscarriage of justice. Considering the case of respondents, on the above touchstone, we are of the view that the High Court has granted bail to respondents for valid and cogent reasons which are not open to legitimate exception. The charge has been framed and trial is to commence as such cancellation of bail at this stage will not be desirable. The petition is dismissed and leave is declined. However, learned trial Court shall conclude the trial as expeditiously as possible not exceeding three months, without being influenced by the observations made in bail granting order.