' This is a petition for cancellation of bail allowed to respondents Nos.1 to 3 vide order of this Court dated 12-5-1992 passed in Criminal Miscellaneous No,1226/B of 1992. The respondents are accused in a case under sections 302/324/452/148 and 149, P.P.C. Registered against them vide F.I.R. No,8, dated 7-1-1992, at Police Station Pasrur.
2. The learned counsel for the petitioner/complainant seeks the cancellation of bail allowed to the respondents on the ground that they are misusing the concession of bail as they are intimidating the witnesses as is apparent from the reports lodged by the witnesses and the complainant, at Police Station Pasrur, District Sialkot in which it has been mentioned categorically that the respondents are in the habit of intimidating the witnesses and the complainant, and threatening them with dire consequences if they give evidence against them. They have also threatened to get them murdered from the co-accused in this case. i,e. Riaz and Ijaz who are still absconders. On the basis of the above-mentioned material, the learned counsel vehemently contended that the respondents after getting bail from this Court have made the life of the complainant and prosecution witnesses miserable on each and every occasion. They intimidated them with dire consequences and it is their good luck that they are still alive due to the protection which is being provided to them by the police and he has placed reliance on 1976 P Cr. L J 609 and 1977SCMR30.
' On Court's question, the learned counsel for the petitioner submitted that even if an accused is granted bail under section 497(2), Cr.P.C. On the ground that the case against him is one of further inquiry, the Court still can cancel the same, on the ground of misusing of concession of hail, as per case-law cited above.
3. The learned counsel for the State has supported this petition for cancellation of bail but has brought to my notice this fact that the respondents were released on bail on 25-5-1992, but uptil now no untoward incident has taken place which could have given some credence to the various reports lodged by the petitioner mentioned above.
4. The learned counsel appearing for the respondents has submitted that there is civil litigation going on between the respondents and the complainant party and on account of this litigation the respondents have been involved in this case mala fide though they are not named in the F.I.R. He has conceded this fact that later on certain evidence did appear before the police that they have abetted the offence and on the basis of that evidence they were challaned but at the same time, he brought this fact to the notice of this Court that during the investigation the S.P. Found them innocent though they were not placed in column No,2.
5. After hearing the learned counsel for the parties and examining their respective submissions referred to above, I find, no case for cancellation of bail is made out because the material on which the learned counsel for the petitioner places reliance is of a general character and in the presence of the affidavits filed by the respondents it cannot be said with certainty that the respondents are misusing the concession of bail. Even the police has not taken these reports seriously because they have not taken any legal action agains the respondents on the basis of these so-called reports though it may disclose offence under section 506, P.P.C., or on the basis of these reports the police could have taken action under section 107, Cr.P.C. Read with sections 150 and 151, Cr.P.C. In the present case, the bail was allowed to the respondents on the ground that prima facie the case of the respondents falls within the ambit of further inquiry. If an accused person is enlarged on bail under section 497, subsection (2), Cr.P.C. Then ordinarily the Court should be very slow interfere with that order on the ground of misusing the concession of bail. There is some substance in the material produced before the learned Judge, then he should order registration of a case against the accused persons on the report of the complainant or the witnesses so intimidated under the provisions of relevant law. With these observations, this petition is dismissed.