' This is an application for the cancellation of bail of Munir Hussain alias Bodi allowed to him by this Court on 2-11-1988 in a case under section 307, P.P.C.
2. The respondent is charged for murderously assaulting Muhammad Latif on 20-4-1988 with a Chhuri. The motive was that the respondent suspected the petitioner of maintaining illicit intimacy with his wife.
3. It was urged on behalf of the respondent that he had acted under grave and sudden provocation by surprising the petitioner in his house in his absence and further that the injuries suffered by him had been declared simple and that in these circumstances it was to be seen whether the offence fell under section 307 or 308, P.P.C.
4. The cancellation is sought on the ground that the respondent was not entitled to bail because he had made a misrepresentation before the Court about the nature of injuries suffered by the petitioner. According to him two of the injuries suffered by him which were kept under observation were subsequently declared grievous.
5. Learned counsel for the respondent submitted that when he had applied for bail no opinion had been given by the doctor about the nature of the injuries and those were kept under observation as is borne out by the medical certificate attached with the bail petition Criminal Miscellaneous No, 3517/B of 1988 but subsequently the doctor declared two of the injuries to be grievous. He submits that the bail was not granted to him merely for the reason that the injuries were simple but also for the determination of question as to whether the offence fell under section 307 or 308, P.P.C. It was contended that the petitioner had not discontinued his visits to the house of the respondent even after he had contracted marriage with the woman previously visited by him which led to the occurrence. The investigation of the case is complete and the challan has been submitted in Court.
The trial is about to start. In these circumstances, I do not feel persuaded to cancel his bail. The application is accordingly dismissed.