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2002 P Cr. L J 77

KH4LID vs HAKEEM KHAN and anothers

Citation2002 P Cr. L J 77
CourtPeshawar High Court
Case No.Criminal Miscellaneous Application No,551 of 2001
Date2001-06-18
Judge(s)Talaat Qayyum Qureshi
ResultPetition dismissed

ORDER

' Having been involved in case registered vide F.I.R. No,117, dated 13-2-2001 under section 324/34, P.P.C. At Police Station "B" Division, Mardan the accused-respondent applied for ad interim pre- arrest bail in the Court of learned Additional Sessions Judge-II, Mardan, which was granted and confirmed on 8-5-2001. The complainant being not satisfied with this order filed this application for cancellation of bail granted to the accused-respondent.

2. I have heard Mr. Yousaf Shah, Advocate the learned counsel representing the petitioner at length and am not inclined to interfere with the impugned order, dated 8-5-2001 for the reasons firstly, the accused-respondent has been assigned the role of grappling only. The complainant has compromised the matter with the main accused who had been charged for effective firing and whose case stood on higher pedestal than that of accused-respondent. Secondly, the bail granting order is neither perverse nor arbitrary nor fanciful nor the same has been obtained through fraud or misrepresentation. Thirdly, the accused-respondent has not misused the concession of bail till date.

' Consequently, the bail cancellation application is dismissed in limine.

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