' ASAD MUNIR, J.---Through this petition under section 497(5), Cr.P.C. Cancellation of pre-arrest bail to respondent No,1 is sought. The pre-arrest bail was granted to respondent No,1 by the Additional Sessions Judge, Islamabad, vide order dated 26-9-2009 in case F.I.R. No,411 dated 30-7-2009 for offence under sections 354/452/34, P.P.C, registered at Police Station Margalla, District Islamabad.
2. According to the F.I.R, respondent No,1 along with co-accused on 3-7-2009 at about 8-00 p.m.
Forcibly entered the house of the petitioner and started abusing her as they were drunk and they also acted in a manner that outraged the modesty of the petitioner.
3. According to the learned counsel, the respondent No, 1 is clearly nominated in the F.I.R, and is guilty of the offence of the criminal house trespass and insulting the modesty of a woman. As such, the order granting pre-arrest bail to the respondent No,l being against the fact should be cancelled.
4. On the other hand, counsel for the respondent has contended that it is a case of further inquiry as there was a delay of 27 days in lodging the F.I.R. Learned counsel further contends that the offence of house trespass is not made out as the respondent No,l was not armed with any weapon which rules out commission of offence under section 452, P.P.C. Besides, the police investigation, so far only finds that the respondent No,l has only misbehaved with the complainant. It is also on record that the respondent's co-accused namely Wilson Bhatti has been allowed post-arrest bail by the Illaqa Judicial Magistrate which entitles the respondent No,l to have the concession of bail on account of the rule of consistency.
5. I agree with the contentions of the learned counsel for the respondent No,l and find that no case for cancellation of bail has been made out.