' The present petition contends for cancellation of bail allowed to the respondent vide the impugned order, dated 8-6-1992 in a case, registered vide F.I.R. No,20/92, dated 13-2-1992 under section 302/34, P.P.C. At Police Station Garhi Shahu, Lahore. In this respect, it was argued that although in the F.I.R. The name, Anees Javed, is not mentioned, but in the supplementary statement recorded on the same date, it was clarified by the complainant, Muhammad Iqbal that Akbar Jat is the alias of Anees Javed, the present respondent, and that the learned trial Court's only reason for allowing bail to the respondent was that it was on the record, through the report of D.S.P. C.IA., that, in fact, the person called Akbar Jat was a fugitive from law and at present was in the Tribal Areas; and that the said observation was contrary to what has been stated, as the said Akbar Jat is a different person and what has been stated about him does not apply to the present respondent, and that, therefore, the impugned order be set aside and the bail allowed to the respondent thereby be cancelled. In this respect, further pointed out that the learned lower Court had not taken into consideration the supplementary statement referred to above.
2. On the other hand, the learned counsel for the respondent submitted that the supplementary statement was outcome of the mala fides of the police and that it was recorded much later on the date it has been claimed---that the same was recorded on 13-2-1992. Further argued that even otherwise of merits, the respondent is entitled to bail. Further submitted that the parties have compromised in the matter and as such the respondent is entitled to bail.
3. Be that as it may, however, as the D.S.P., C.IA. Present before the Court on Court's direction, has stated in categorical terms that there was no confusion about the identity of the present respondent with the accused Akbar Jat, who is in Tribal Areas as a fugitive from law, and has further stated that the present respondent is also known under the alias Akbar Jat, therefore, the impugned being based on the said ground is not sustainable in law. Therefore, the present petition for cancellation of bail allowed to respondent vide order, dated 8-6-1992 is hereby accepted and the impugned order is hereby set aside. Resultantly, the respondent is directed to be taken into custody and sent to jail forthwith.
4. However, anything stated herein shall not prejudice the case of the respondent for bail on merits, if agitated before the learned trial Court afresh.
Bail cancelled.