1. Accused-respondent Habib-ur-Rehman has been admitted to bail by an order, dated 10-4-1996 recorded by learned Sessions Judge, Abbottabad, which has been now impugned by the complainant in this case lodged under section 497(5), Cr.P.C.
2. 2.Accused Habibur Rehman is charged in a case registered under section 324, P.P.C. He is charged for effective pistol firing on P.Ws. 'Ramzan and his wife Mst. Rukhsana. When the case proceeded for trial before the Ilaqa Magistrate the accused after attending some proceedings absconded himself so much so that the Court had to issue non-bailable warrants for his attendance. Anyhow, the accused in the meanwhile was arrested in another case registered under section 13 of Arms Ordinance and has been lodged at District Jail, Abbottabad.
3. 3.The learned counsel on behalf of the complainant stated that as the accused has not only fired effectively on the complainant and his wife but also absconded afterwards when the case proceeded before the Trial Court and thus, forfeited the concession of bail. That the case would have been now ended if the accused has not absconded before the Trial Court.
4. 4.The record indicates that the accused recklessly fired on the complainant at left wrist joint and his wife by firing her in the abdomen and upper arm. The charge is supported by medical evidence and statements of both the injured persons. The accused also absconded in the proceedings of the case before the Ilaqa Magistrate and could not be arrested despite of the issuance of non- bailable warrants.
5. 5.In this view of the matter, the accused having misused the concession of bail the impugned order of granting him bail on 10-4-1996 by the learned Sessions Judge is recalled.