This is a petition for cancellation of bail of Muhammad Khan, Mali, Ali and Bhalak, which was allowed by the Sessions Judge, Faisalabad vide order dated 10th August 1980. The case was registered on 24th June, 1980 at mid-day, under sections 307, 325/34, P. P. C. At Police Station, Sadar, on the statement of Muhammad Hussain. According to the prosecution version the respondents in furtherance of their common intention, attempted on the life of Bhalak (P. W.) by inflicting blows with hatchet and sticks on various parts of the body including vital parts. Ali respondent was stated to be armed with hatchet while other respondents with sticks. Muhammad Khan alias Mamun respondent opened the attack and inflicted two stick blows on the left wrist and head of Bhalak (P. W.) Mali respondent caused two injuries to Bhalak (P. W.) on the head with stick.
Alt respondent gave hatchet blows to Bhalak on the left elbow while Bhalak respondent gave three stick blows to Bhalak (P. W.) on the head, right wrist and left leg. Muhammad Khan respondent gave another stick blow on the right leg of Bhalak (P. W.). Nine injuries were found on the person of Bhalak (P. W.), out of which four were on the head. He was semi-unconscious at the time of medical examination. He was in serious condition. One injury on the arm was 'found grievous in nature. The petitioners made an application for bail before arrest, which was dismissed by the Sessions Judge, on 15th July, 1980. The same Sessions Judge allowed bail to the respondents, on 10th August, 1980 on the grounds that after the completion of the challan the respondents had become entitled to ve released on bail; that the respondents were not "Badmash" ; and that no apprehension had been expressed that they would influence the prosecution case: Offence under section 307, P. P. C. Is punishable with imprisonment for life or imprisonment up to ten years if hurt is caused. Section 497 (1), Cr. P. C. Provides that an accused person shall not be released on bail if there appears reasonable ground for believing that he has been guilty of offence punishable with death or imprisonment for life or imprisonment for ten years. In the instant case, bail could be allowed only if the Sessions Judge had come to the conclusion that there were reasonable grounds to believe that the respondents were not prima facie guilty of the offence punishable under section 307, P. P. C. The Sessions- Judge committed illegality in allowing bail to the respondents on three grounds mentioned in para No. 2 of the order. This Court ordinarily does not interfere in the discretion exercised by the lower Courts provided the discretion is judicially exercised. Since an illegal order has been passed and bail allowed to the respondents, the present petition is accepted and the bail of the respondents is cancelled. They are present in Court and may be taken into custody.
2. It shall be open to the- trial Court to consider the bail application if some material evidence is recorded and reasonable ground for bail is made out. The trial Court would be competent to consider the bail application that the prosecution used delaying tactics by withholding the prosecution evidence.