MUHAMMAD MUNIR KHAN, J,---Mazhar Mahmood petitioner seeks leave to appeal against the order dated 23-7-1995 of Lahore High Court, Rawalpindi Bench, Rawalpindi, granting bail to Basit respondent No.1 in case under section 302/324/34, P.P.C., registered at Police Station . Airport, Rawalpindi, vide F. I. R. No. 192 dated 6-10-1994.
2. According to prosecution, the petitioner alongwith Tariq and Basharat, in rfurtherance of their common intention, caused the death of Muhammad Waheed and injuries to Mazhar Mahmood petitioner on 6-10-1994 at 7-00 a.m. At Suzuki Stand Dhok Hafiz. Tariq fired shot at Muhammad Waheed hitting his left ear. Basharat gave Sarya blow on the head of Muhammad Waheed. Basit caused simple fire-arm injury on the left leg of the complainant/petitioner.
3. The High Court has granted bail to Basit respondent on the grounds that he having been found innocent during investigation, his name was placed in Column No.2 of the challan and that he had not caused any injury to the deceased.
4. Learned counsel for the petitioner has argued that the finding of the police with regard to the innocence of the respondent was not binding on the Court, more particularly, when there was no material in support thereof.
5. We have considered the matter carefully. This Court is primarily a Constitutional Court and not expected to go into matters concerning grant of bail by the High Court unless there are compelling reasons to do so. Furthermore, considerations for cancellation of bail granted by a Court of competent jurisdiction are different from considerations for granting bail to an accused person.
Once the bail is granted the same shall not be cancelled unless there are strong and exceptional grounds which we do not see in this case. The police file shows that the finding of the innocence of the respondent by the police is based B on oral statements made by about 100 persons of the locality. This being the position, it cannot be said that there was no material before the police to hold the petitioner innocent.
6. For all these reasons, we do not feel inclined to interfere with the impugned order. Leave to appeal is, therefore, refused and the petition is dismissed.