' Ata Muhammad petitioner has moved this petition for cancellation of to the respondent by the Additional Sessions Judge, Mianwali, in a case registered against him under section 302 P.P.C.
2. The prosecution version is that on 23-3-1988 at about 5-30 p.m. An altercation took place between Muhammad Farooq deceased and Faiz Muhammad respondent. The deceased abused the respondent and slapped him. The respondent, who was accompanied by his brother Bashir Ahmed, left the place throwing a challenge that he would teach him a lesson. Soon after he appeared on the roof of his house armed with a gun and after raising a Lalkara fired at the deceased hitting left side of his chest, as a result of which he died soon after.
3. The respondent moved an application in the Sessions Court, Mianwali; which came up for hearing before Mr. Riaz-ul-Hassan Alvi, Additional Sessions Judge, who dismissed the same on 19- 7-1988. Thereafter, the respondent moved another application for bail which was entrusted to Mr. Khizar Hayat, Additional Sessions Judge, who alloWed it on 13-2-1989. The relevant portion of his order reads as under:- "The complainant, the deceased, the accused and the eye-witnesses belong to the same tribe and belong to the same Mohallah. There is no previous ill-will in between them. The narration of facts in the F.I.R. Prima facie goes to show that the occurrence took place surprisingly and that the occurrence is result of fight of children.
' Keeping in view the above facts in mind and after tentative assessment of the facts, I prima facie find that the occurrence is result of grave and sudden provocation with no premeditation....Hence the accused, is admitted to bail"
' Additional Sessions Judge allowing bail to the respondent is perverse. This petition is, therefore, allowed. The bail of the respondent is cancelled. He shall be taken into custody forthwith and sent to jail.
Bail cancelled.