' The present petition contends for cancellation of bail of the respondent in a case registered vide F.I.R. No,66/92 under section 7 of Surrender of Illicit Arms Ordinance, 1991 at Police Station Baghbanpura, allowed to him vide impugned order, dated 10-6-1992.
2. It was submitted on behalf of the State that the respondent was allowed bail in the instant case on the grounds; (a) that he had been admitted to bail in the main case i,e. F.I.R. No,20/92 under section 302/34, P.P.C.; and (b) that there was clear cut violation of section 103, Cr.P.C. And in this respect it was argued that as the to the respondent in the main case has been cancelled vide order passed in Criminal Miscellaneous No,2598/B of 1992, therefore, the impugned order herein granting bail to the respondent merits to be set aside. It was further argued that the learned trial Court's observation that clear cut violation of section 103, Cr.P.C. Had taken place in the instant case is not supported by the evidence on the record.
3. On the other hand, the learned counsel for the respondent opposed the present petition for cancellation of bail and argued that even on other grounds available to the respondent he is entitled to bail on merits.
4. Be that as it may, as the to the respondent in the main case referred to in the impugned order herein stands cancelled vide order passed in Criminal Miscellaneous No,2598/B of 1992, therefore, without adverting to the merits of the case, but taking into consideration, that the bail was allowed in the instant case primarily on the ground that the respondent had been allowed bail in the main case, the impugned order herein is set aside and consequently, the to the respondent vide the impugned order, dated 10-6-1992 is hereby cancelled. The respondent may be taken into custody and sent to jail forthwith.
5. However, anything stated herein shall not prejudice the case of the petitioner for bail on merits, if agitated before the learned trial Court afresh.
Bail cancelled.