' This petition is directed against the order dated 11-1.0-1999 of the Additional Sessional Judge, D.I.
Khan (Mr. Muhammad Iqbal Khan), whereby he accepted the pre-arrest bail application of Rehmatullah respondent No,1, in case registered vide F.I.R. No, 67, dated 9-7-1999, under section 302, P.P.C., at Police Station, Kulachi, District D.I. Khan.
2. Mr. Sanaullah Khan Gandapur, Advocate, learned counsel for the petitioner present and heard.
Record of the case, appended with the petition perused.
3. The learned counsel for the petitioner submitted that though respondent No,1 was not charged in the F.I.R. But later, after thorough enquiry, the complainant, in his supplementary statement recorded under section 161, Cr.P.C. Charged him for the commission of the offence. He submitted that in the circumstances the grant of pre-arrest bail to him (respondent No,1) was not only perverse but was also arbitrary and required interference by this Court.
4. After hearing the learned counsel for the petitioner, I have come to the conclusion that this is not a fit case for the cancellation of bail. It is an admitted fact that respondent No, 1 was not named in the F.I.R. Besides there is not an iota of evidence, oral or documentary, to connect respondent No,1 with the commission of the offence charged with so as to warrant interference by this Court. If an authority is needed I am supported by a case titled "Syed Amanullah Shah v. The State and another" reported as PLD 1996 Supreme Court 241 (F.B.)" wherein it was held:--- "Once bail is granted by a Court of competent jurisdiction, then very strong and exceptional grounds would be required for cancellation the same. Provisions of section 497 (5) Cr.P.C. Are not punitive. There is no legal compulsion for cancelling bail granted in cases punishable with death, imprisonment for life or imprisonment for ten years. To deprive a person of his freedom is most serious."
5. No reason exists and none indeed has been made out as to why this Court should interfere with the order passed by the Court of competent jurisdiction which has neither acted perversely nor arbitrarily. This bail cancellation petition is without any substance and is accordingly dismissed in limine.