' Sarfraz Khan petitioner has filed this petition under section 497(5), Cr.P.C. For the cancellation of bail granted to respondent No,1 by the learned Sessions Judge, Sargodha being accused in case F.I.R. No,41, dated 22-5-1994 under section 302/34, P.P.C. Registered with Police Station Shah Nikdar.
2. According to F.I.R. Respondent No,1 instigated his sons by raising Lalkara to kill Ghulam. Mustafa as a result whereon the sons of the respondent opened fire and Ghulam Mustafa died at the spot.
3. In support of the petition learned counsel argued that the respondent is attributed not the proverbial Lalkara but the role attributed to him is fatal. In support of his submissions he relied on Mubarik Shah v. The State 1986 SCM R 1681. It was next argued that respondent since his release on bail is misusing concession granted to him by interfering into prosecution evidence by extending threats to the witnesses and as such his conduct amounts to misuse of concession of bail.
4. Learned counsel for the State accompanied by learned counsel for respondent fully supported the order of the learned Sessions Judge granting bail to respondent No,1.
5. I have heard learned counsel for the parties and have gone through the record with their able assistance. The role attributed to the respondent is that of Lalkara and he was empty handed. It has by now well-settled that the accused only attributed Lalkara is entitled to the concession of bail. Reliance may safely be placed on the case of Nazir Ahmad v. The State 1993 SCM R C 1992 and Rafique Khan v. The State 1995 SCM R 343. Learned counsel for the petitioner was unable to show or point out any act on the part of the respondent whereby he misused the concession of bail by extending threats to the prosecution witnesses. Learned Sessions Judge was, therefore, well within u his jurisdiction to grant bail to the respondent. I, therefore, find no good reason to recall the order passed by learned Sessions Judge. Resultantly the petition fails and is hereby dismissed.