1. ' Petitioner/complainant through this application filed under section 497(5), Cr.P.C. Has sought cancellation of bail granted to respondent No,1 Shabbir Ahmad alias Billa by the Additional Sessions Judge, through his order, dated 14-4-1998 in a case emanated out of F.I.R. No,73 of 1996 registered on 11-5-1996 under section 302/148/149/109/201, P.P.C. At Police Station Samma Satta at 6-15 p.m. For an occurrence stated to have taken place on the same day at Asar Wela.
2. ' The allegation against the respondent Shabbir Ahmad was that he along with his co-accused formed an unlawful assembly after arming themselves with lethal weapons and committed the murder of Allah Ditta causing him injuries.
3. ' Learned counsel for the petitioner/complainant has sought cancellation of bail inter alia on the ground that the respondent through misrepresentation and fraud by suppressing material facts has secured the concession of bail.
4. ' Learned counsel has argued that the respondent's bail application was rejected on merits by the Additional Sessions Judge, Bahawalpur on 23-12-1996. Subsequent thereto he filed Criminal Miscellaneous No,90/B of 1997 at Bahawalpur Bench on 28-1-1997 which was withdrawn by him through Criminal Miscellaneous No,1/M of 1998 on 15-4-1998. It is reflected from the impugned order, dated 14-4-1998 that respondent No,1 moved post-arrest bail before the learned Sessions Judge, Bahawalpur on 4-4-1998. In this application he has not mentioned the pendency of his bail application (Criminal Miscellaneous No,90/B of 1997) before the Bahawalpur Bench. Without disclosing these aspects he secured bail from the Additional Sessions Judge, Bahawalpur on 14-4- 1998. This aspect of filing of bail petition is neither mentioned in the bail application filed on 4-4- 1998 nor brought to the notice of learned Additional Sessions Judge during the course of arguments as reflected to the impugned order.
5. ' All these suppressions were brought to the notice of learned counsel appearing for the respondent Ch. Muhammad Abdullah, who could not advance any justifiable reason except stating that the respondent told these aspects of pendency of the bail petition to his learned counsel who filed his application before the Sessions Judge, Bahawalpur.
6. ' I have considered the contentions and have gone through the file of Criminal Miscellaneous No,90/B of 1997. It is reflected from the perusal thereof that the respondent moved Criminal Miscellaneous No,1 of 1998 on 15-4-1998 in the following words:-- {{URDU TEXT}} This shows that the respondent Shabbir Ahmad secured post-arrest bail by suppressing material facts as such the concession granted to him by the Additional Sessions Judge, Bahawalpur, through order, dated 14-4-1998 is hereby recalled.