' Respondents Nos.1 to 5 stand charged for having committed an offence punishable under section 324/148/149, P. P. C., Vide; F. I. R. No, 581, dated 13-11-1998 lodged in Police Station, Batagram, District Charsadda.
2. After having failed to procure bail from the Senior Civil Judge/Judicial Magistrate, Charsadda (Mr. Ishtiaq Ahmed Khan), the respondents approached the Additional Sessions Judge, Charsadda (Mr. Fayyazullah Khan) for the redress of their grievance. He, by his order, dated 9-1-1999 and 16-1- 1999, admitted them to bail.
3. Hence this bail cancellation petition.
4. Mr. Javed A. Khan, Advocate learned counsel for the petitioner present and heard. Record of the case perused carefully.
5. On a close scrutiny of the material placed on file I am of the opinion that prima facie reasonable grounds do not exist for believing that respondents Nos.1 to 5 have committed the offence. The reasons for granting bail to them are quite sufficient/convincing and the Additional Sessions Judge, Charsadda has recorded a speaking order. In the circumstances I do not see any justification as to why the discretion exercised by the Additional Sessions Judge judiciously be interfered with by this Court.
6. Even otherwise, strong and exceptional grounds are required for the cancellation of bail granted by a Court of competent jurisdiction because the provisions of section 497(5), Cr.P.C. Are not at all punitive. Resultantly there is no legal compulsion even for the cancellation of the bail granted in cases which are punishable with death/life imprisonment/imprisonment for ten years.
7. Additionally the accused is not to be deprived of the benefit of bail whenever reasonable doubt arises about his participation in the crime or about the truth/probability of the prosecution case. In such a situation, it would be better to keep him on bail than in the jail during the period of the trial and the personal liberty granted to him by a Court of competent jurisdiction, through grant of bail, should not be snatched away from his unless it becomes absolutely necessary to do so under the law. In this respect I am supported by the following case:---
(1) PLD 1996 SC 241 (Syed Amanullah Shah v. The State).
8. In the circumstances I am of the view that this petition for the cancellation of bail is without any substance. The same is accordingly dismissed in limine.