' HAFIZ ABDUR REHMAN ANSARI, J.--- Through this petition, the petitioner, namely, Ijaz Hussain son of Zafar Hussain seeks cancellation of post-arrest bail granted by the learned Additional Sessions Judge, Lahore vide order, dated 13-8-2009 in case F.I.R. No,658 of 2009, registered at Police Station Baghbanpura, Lahore, under section 489-F, P.P.C. At the instance of Ejaz Hussain son of Zafar Hussain, complainant.
2. Learned counsel for the petitioner contends that respondent No,2, Mushtaq Ahmad son of Umar Din is misusing the concession of bail by extending threats to the petitioner of dire consequences and tried to destroy the evidence; learned trial Court while granting the bail had not given cogent reason; that during the investigation respondent was found guilty and the learned trial Court has ignored that offence under section 489-F, P.P.C. Is not bailable. He prays for cancellation of the bail of the respondent..
3. I have heard the learned counsel for the petitioner and perused the bail granting order, dated 13- 8-2009.
4. Impugned order is well-reasoned based on convincing grounds. Offence under section 489-F, P.P.C. Does not fall within the Prohibitory Clause of section 497, Cr.P.C. And the maximum punishment of the offence is three years. Once the bail allowed by the learned trial Court, for cancellation of the same, special/extraordinary circumstances are required to withdraw the same.
In the instant petition, there are no special circumstances which necessitate withdrawal of concession of bail granted to respondent, Mushtaq Ahmad by the learned Additional Sessions Judge. There is not an iota of evidence on record that respondent misused the concession of bail, mere assertion of the complainant is not sufficient to withdraw the said concession of bail allowed by the learned trial. Court, on record except the complainant's own affidavit there is. No other affidavit of any independent witness before whom threats were extended to the petitioner. It might be just personal whim and wishful thinking of the petitioner/complainant that the bail should be cancelled of the respondent. Further there is no evidence on record or any affidavit of the independent witnesses that respondent made any efforts to destroy the evidence.
5. I am not inclined to interfere in the bail granting order dated 13-8-2009 passed by the learned Additional sessions Judge, Lahore.
6. Resultantly, the instant petition for cancellation of bail under section 497(5) of Criminal Procedure Code is hereby dismissed in imine .