' Haq Nawaz the petitioner through the instant petition has sought for cancellation of post-arrest bail extended to respondent No.1 by this Court on 20-5-2003 in Crl. Miscellaneous No.1094-B of 2003, titled Mazhar Hussain and others v. The State, in case F.I.R. No.8 dated 15-1-2002 under sections 324/334/336/ 452/ 148/149/109, P.P.C. Registered with Police Station, Sadar Kabirwala, District Khanewal.
2. The cancellation of his bail has been sought mainly on the ground that he and his co-accused have acted brutally in the matter and so he did not deserve the relief of bail.
3. I have carefully considered the submission and gone through the copies of record annexed to the petition.
4. Respondent No.I was allowed bail by this Court with the following observation:-- "In view of these facts, particularly, the single injury having been assigned to him to the injured lady and that too, on her non-vital part of the body, it is yet to be seen that if he can be held liable for the alleged offence and so his case is covered under subsection (2) of section 497, Cr.P.C.
Requiring further inquiry into his guilt."
5. He thus was extended the relief of bail with the observation of need for further inquiry into his guilt.
6. It may be mentioned here that when an accused is allowed bail on such observation/ground, then such relief cannot be recalled/withdrawn unless such an inquiry is made. In this regard reference is made to the case of Piaro v. The State and another 1984 PCr.LJ Karachi 149.
7. Thus no case for cancellation of bail to him has been made out.
8. The petition, therefore, is dismissed in limine.