' ATTAULLAH KHAN, J.---Tahir Shah Nawaz petitioner has filed this application under section 497(5), Cr.P.C. For the cancellation of bail granted to Khalid Shah Nawaz and Salim Nawaz, accused/ respondents by the learned Additional Sessions Judge D.I.Khan vide order dated 30-6-2010 in case F.I.R No, 153 dated 8-6-2010 under sections 120/115, P.P.C., of Police Station Gomal University D.I.Khan.
2. The allegations against the accused/respondents as per the contents of the F.I.R lodged by the petitioner/complainant are that on their instigation, deliberation and consultation, Abdul Lateef Informer had come to the lands jointly owned by them allegedly on receipt of rupees five thousands from the accused/respondents.
3. Learned counsel for the petitioner argued that the accused/ respondents have not proved any mala fide on the part of the prosecution or complainant, therefore, the impugned order of their release on bail is arbitrary. He argued that through the impugned order, the prosecution is deprived of investigation of the case.
4. On the other band, learned counsel for the accused/respondents argued that investigation in the case is complete and the accused/ respondents are no more required for the purpose. He argued that the accused/respondents are not directly charged by the complainant in the report.
He submitted that neither any overt act has been assigned to them nor they have misused the concession of bail.
5. I have gone through the record and considered the arguments of the learned counsel for the parties.
6. The record shows that the accused/respondents are charged under sections 120/115 PPC. Section 115, P.P.C. Is bailable while the applicability of section 120, P.P.C. Is yet to be determined at trial. There is also no material on record to show that the accused/respondents have mis-used the concession of bail. Investigation in the case is complete and the accused/respondents have remained associated therewith.
7. It is also worth consideration that the petitioner has not challenged the bail granted to the main accused Abdul Lateef who was allegedly caught hold on the spot.
8. Therefore, in view of the dicta handed down by the apex Court in 1984 SCM R 1380 and 1976 SCM R 360, no good ground exists for interfering in the impugned order which is accordingly upheld and the instant bail cancellation application is accordingly dismissed.