' Mr. Imtiaz Ali, Law Officer for the State and Mr. Khalid Khan learned counsel for the accused- respondent present add heard. Record of the case perused.
2. In this case the recovery. Of 15 grams of contraband heroin was effected from the possession of the accused-respondent on 2-2-1998 at 1700 hours and a case under section 3/4 of the, Prohibition (Enforcement of Hadd) Order, 1979 was registered against him at Police Station, Prang, Charsadda, vide: F.I.R. No,86, dated 2-2-1998.
3. The respondent-accused was released on bail by the Additional Sessions Judge (11), Charsadda (Mr. Hussain Bahadur Khan) by his order recorded on I8-2-1998:
4. The Advocate-General has now filed this bail cancellation application saying that the Additional Sessions Judge (II), Charsadda was not well within his right to have extended the benefit of bail to the respondent-accused and that the same be, therefore, recalled.
5. It may be stated at the very out-set that 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 for ten' years.
6. 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's 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 him unless it becomes absolutely necessary to do so under law. In this respect I am supported by the following case:-- ' NLR 1996 (Criminal) Supreme Court 188, Syed Amanullah Shah v. The State.
' Wherein it, was held of--
(b) S. 497(5)---Very strong and exceptional grounds would be required for cancelling bail granted by a Court of competent jurisdiction as provisions of section 497(5) are no punitive. There is no legal compulsion for cancelling bail granted in cases punishable with death life imprisonment or imprisonment for ten years.
(c) Section 497/498---Accused should not be deprived of benefit of bail whenever reasonable doubt arises about participation of an accused person in crime or about truth/probability of prosecution case and evidence proposed to be produced in support of charge. In such a situation, it would be better to keep an accused person on bail than in jail during trial.
(e) Section 497/498---Personal liberty granted to an accused by a Court of competent jurisdiction through grant of bail, should not be snatched away from him unless it becomes necessary to deprive' him of his liberty under law.
10, In the circumstances, I am of the view that this bail cancellation application is without any substance and the same is accordingly dismissed.