' ABDUL WAHEED KHAN,, ' Through the instant petition under section, 497(5), Cr.P.C. The petitioner has called in question the vires of order dated 4-10-2011 passed by learned Additional Sessions Judge, Attock; whereby Khalid Abbas/ respondent No,1 was admitted to bail in case F.I.R. No,383, dated 22-9-2011 offence under sections 376, 511, 452, P.P,C. Registered of Police Station Saddar, District Attock.
2. Learned counsel for the petitioner contends that the impugned order dated 4-10-2011 has been passed without observing the mandatory provisions of law. It is next submitted that respondent is nominated in the F.I.R. And specific role has also been ascribed to him. Moreover, sufficient incriminating material is available on the record to connect him with the commission of offence as such the impugned order dated 4-10-2011, passed by Additional Sessions Judge, is liable to be set at naught.
3. Preliminary arguments heard. Record perused.
4. Bail can be cancelled if the same has been granted in capricious manner either without assigning reasons or on the basis of perverse or invalid reasons. Bail can also be cancelled if accused attempts to tamper with the evidence, hamper investigation commits' or attempts to commit same offence or if he absconds after grant of bail. Provisions of subsection (5) of section 497, Cr.P.C. Are not punitive in nature and there is no compulsion for cancelling the bail unless the bail granting order is patently illegal, erroneous factually incorrect and had resulted in miscarriage of justice or where accused is found to be misusing the concession of bail by, extending threats or tampering with the prosecution case, There is nothing on record to show that the respondent has made any attempt to tamper B with the prosecution evidence or that he has misused the concession of bail.
Bare readings of impugned order dated 4-10-2011 reflects that the same is well-versed and the reasons advanced by the learned Additional Sessions Judge are well founded. Even otherwise, in its ratio decidendi in the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 345), the august Supreme Court of Pakistan in para. No,9 of the judgment had held as under:-- "The considerations for the grant of bail and for cancellation of the same are altogether different.
Once the bail is granted by a court of competent jurisdiction, then strong and exceptional grounds would be required for cancellation thereof."
5. For the foregoing reasons, If find no force in the instant petition, which is accordingly dismissed in limine.