' Despite the undertaking by the learned counsel, the respondent No,1, has not appeared. He is proceeded ex parte and the request for an adjournment made by the learned counsel (Mr. Muhammad Zubair Khalid, Advocate) is disallowed.
2. The learned counsel for the petitioner seeks the cancellation of to the respondent No,1, in case F.I.R. No,322 of 1998, dated 20-5-1998 under sections 302/34/109, P.P.C. Registered at Police Station Sargodha Road, Faisalabad. The learned counsel for the petitioner/complainant argued that the respondent No,1, was the principal accused, who had fired the fatal shot on the deceased Shahid Mehmood. He was found guilty in all four police investigations. Recovery of crime weapon i.e, .30 bore pistol was effected from the respondent No,1, which matched with empties recovered from the spot. The bail of the petitioner was repeatedly dismissed and granted without any valid grounds.
The learned counsel for the State also submitted that the fatal shot was attributed to respondent No,1.
3. I have heard the learned counsel for the parties at some length.
4. The respondent No,1 was found guilty during successive police investigations. The recovery of weapon was also effected from him. He is alleged to have caused the fatal injury on the person of the deceased from his pistol. Prima facie there are reasonable grounds to believe that the respondent No,1, was guilty of the offence falling within the prohibition of section 497, Cr.P.C.
5. For the foregoing reasons, this petition for the cancellation of bail is allowed and the vide order dated 18-8-1999, passed by the learned Additional Sessions Judge, Faisalabad is hereby cancelled.
Bail cancelled.