' MAZHAR ALAM KHAN MIANKHEL, J.---Through the present petition, the complainant of the case F.I.R.
No, 600, dated 15-7-2009 Wahab-ud-Din has approached this Court for cancellation of bail before arrest granted to Fayaz Khan and Yasin Khattak, complainant and the eye-witness of case F.I.R.
No,590, dated 12-7-2009.
2. Brief facts of the prosecution case are that on 15-7-2009 at 13-00 hours, Wahabuddin complainant reported the matter to the police in writing that at the fateful time, he along with his other fellows was on duty at Khushal Garden when in the meantime, Fayyaz, Asad Ayaz, Yasin Khattak and Kamal Bacha along with 4/5 other unknown persons armed with Kalashnikovs and pistols came there and opened indiscriminate firing at them. They took shelter and resorted to aerial firing in self-defence. Motive for the offence was stated to be a dispute over the land/scheme of the garden.
3. After hearing the learned counsel for the parties, it is clear that the grounds for grant of bail and that of cancellation of bail granted by a competent Court are totally different. Strong and cogent reasons are required for the recall of the same, for instance, if the bail granting order is perverse or in disregard of settled principles regulating the grant of bail or which was based on no material/evidence or the accused after grant of bail has misused the concession to extended to the accused. The learned counsel appearing for the petitioner was unable to put forth any of the above settled principles governing the cancellation of bail. Similarly no such other circumstance was pointed out which could have helped him in support of his petition.
4. While keeping in view the circumstances and facts of the present case, it appears that the learned Additional Sessions Judge-IV has rightly confirmed the ad interim pre-arrest bail of the accused respondents within the ambit of law. Thus, this petition for cancellation of bail being without any merits is accordingly dismissed.