' Through this petition filed under section 497(5) Cr.P.C., the petitioner, Kha.Lid Hussain Chatha seeks cancellation of bail in case F.I.R. No,12 of 2012 dated 19-1-2012 for offences under section 420, 468, 471, 34 P.P.C. Read with section 5(2) of the Prevention of Corruption Act, 1947 registered at Police Station F.I.A., CCC Circle, Lahore allowed to respondent No,1 by this Court vide order dated 8-8-2012 while disposing of Criminal Miscellaneous No,9054-B of 2012.
2. The learned counsel for the petitioner and the learned Law Officer representing the State submit that respondent No,1 has been nominated in the F.I.R. And a specific role has been attributed to him.
Respondent No,1 has been found to be guilty during the investigation which has taken place. There is no mala fide on the part of the complainant/petitioner herein to have lodged a false and frivolous criminal case against the accused persons. Respondent No,1 has previous criminal antecedents inasmuch as a large number of F.I.R's. Have been registered against him. Respondent No,1 is the mastermind behind a mega financial scam hence miscarriage of justice would be occasioned, in case, post-arrest bail earlier allowed to him by this Court is not recalled.
3. The learned counsel for respondent No,1 has controverted the allegations which have been levelled by the petitioner by submitting that the instant F.I.R. Has been lodged with an inordinate delay which has not been explained; respondent No,1 owns only 5% share of the alleged rogue firm Messrs I.G. Traders; respondent No,1 is a previous non-convict no more required for further investigation of the case.
4. After hearing the arguments advanced by the learned counsel for the parties and going through the record, it is clear that the F.I.R. In question has been lodged with an inordinate delay for which no plausible explanation is forthcoming. In the column of date and hour of occurrence only "Year- 2008" has been mentioned meaning thereby that the offence is stated to have taken place in the year 2008 whereas the F.I.R. Was lodged after about four years on 19-1-2012. Without going into the deeper merits of the case, it can be observed that respondent No,1 has been charged with offences which do not fall within the prohibitory clause of section 497, Cr.P.C. Hence, in cases not punishable with death, imprisonment for life or ten years imprisonment grant of bail is a rule and refusal is an exception as has been held by the august Supreme Court of Pakistan in Tariq Bashir and 5 others v.
The State (PLD 1995 SC 34). It has neither been argued by the learned counsel for the petitioner, nor is there any material on the record to show that respondent No,1 has misused the concession of bail earlier allowed to him by this Court on 8-8-2012 while disposing of Criminal Miscellaneous No,9054-B of 2012. It is trite that considerations for cancellation of bail are totally different and distinct from considerations for grant of bail. The august Supreme Court of Pakistan while deciding case titled Shahid Arshad v. Muhammad Nagi Butt and 2 others 1976 SCM R 360 has held that although they were not entirely happy by the bail granting order still they would not interfere and cancel the bail since concession of bail granted to the respondent had not been misused. The learned counsel for the petitioner has failed to convince us that the bail granting order is perverse and patently illegal, warranting any interference by this Court. The State/Anti-Narcotic through Director-General v. Rafiq Ahmad Channa (2010 SCM R 580) can be read with considerable advantage. An assertion made by the learned counsel for respondent No,1 that respondent No,1 is a previous non-convict no more required for further investigation of the case has neither been negated by the learned counsel for the petitioner nor by the learned Law Officer representing the State.
5. For what has been stated above, this petition being without any merit is dismissed.