' Respondent No,2 namely Gulbaz Khan alongwith another person is involved in a case under section 302/109, P.P.C. Registered at Police Station, Chakarala, District Mianwali for the murder of Muhammad Javed. According to the F.I.R., the aforesaid respondent had allegedly hatched conspiracy and had exhorted his sons Ahmad Nawaz and Allah Nawaz to finish the deceased as the latter had caused knife injuries to his son Allah Nawaz. In this respect, he had told them two days prior to the occurrence that they were shameless as they were unable to take revenge from the said deceased. The occurrence of abetment was seen allegedly by Khan Muhammad and Nasarullah P.Ws. Who had gone to the house of the respondent in order to effect compromise between the deceased party and the accused party in respect of the case registered for causing knife injuries to Allah Nawaz. Allegedly in pursuance of that abetment, son of the respondent namely Ahmad Nawaz while armed with .12 bore gun challenged Muhammad Javed deceased on the day of occurrence by shouting that he would teach him a lesson for causing injuries to his brother Allah Nawaz. However, at that time the present respondent was not present. He applied for bail in the Court of learned Sessions Judge, Mianwali who admitted him to bail by allowing his post-arrest bail application vide his order, dated 13-5-1999. It was observed by the learned Sessions Judge, Mianwali that petitioner (respondent No,2) was not the actual culprit nor he was present at the time of occurrence and that the story of abetment needed further enquiry because such a secret conspiracy could not be made in such a way so as to be heard by the aforenamed P.Ws.
2. The present petition for cancellation of bail is moved on the ground that since a positive role of abetment is attributed to the respondent, therefore, he was not entitled to bail.
3. I have considered the foregoing contention and find that respondent No,2 was not present at the spot and the story about abetment actually needed further enquiry as nobody would take such a secret decision in such a manner that it should be known to someone else as had been allegedly known by the P. Ws. Namely Khan Muhammad and Nasarullah. There is no allegation that the aforesaid respondent had misused the concession of bail. As such, there is no ground for the cancellation of bail granted to him be the learned Sessions Judge, Mianwali by advancing sound reasons in the impugned order. The petition is dismissed in limine.