IJAZ NISAR, J.- This is an application for the cancellation of bail of IIyas alias Ilyasa and Zaka Ullah alias Yousi granted to them by the learned Additional Sessions Judge, Gujranwala on 4.1.1992 in a case under section 302/34 P.P.C.
2. The prosecution case is that on 12.10.89 the respondents killed Shafqat Iqbal deceased, a Police Constable with firearms on the suspicion of informing the police about their dealing in narcotics trade.
3. The respondents were arrested on 27.10.89 and were granted bail on 4.1.92 on the statutory ground i.e. Non-conclusion of the trial within a period of two years of their detention.
4. The concession is sought on the ground that the respondents were desperate, dangerous and hardened .Criminals and thus were not entitled to the concession of bail.
5. Learned counsel for the respondents has seriously contested the application, according to him, there was no material before the learned trial Court at the time of the grant of bail that the respondents were dangerous, desperate and hardened criminals. Their involvement in cases subsequent to enlargement on bail will not provide a ground for the cancellation of their bail for the reason that the learned trial Court had properly exercised its discretion in their favour.
6. In order to deprive the concession of 3rd proviso to section 497 Cr.P.C, an accused "in the opinion of the Court" should be hardened, desperate or dangerous criminal, such opinion cannot be subjective but must be based upon material placed before the Court reasonably supporting the conclusion that the person concerned is a criminal of the classes described. In the present case, no such material was placed before the learned trial Court by the prosecution or by the petitioner that the respondents were desperate, dangerous or hardened criminals. They are not even reported to have been convicted in any case till this date.
7. In this view of the matter, the learned trial Court had rightly exercised its discretion in releasing them on bail on the statutory ground. No case for interference is made out. The petition is accordingly dismissed.