1. ' Respondents Nos.1 and 2 namely Mir Hassan alias Miroo and Abdul Majeed, who are involved in a case under sections 392/394/34, P.P.C. Arising out of F.I.R. No.121 of 2002 dated 12-6-2002 registered at Police Station Saddar Clifton Town, Karachi at the complaint of Shakilur Rehman, the husband of the applicant. The respondents Nos.1 and 2 were allowed bail by the learned District and Sessions Judge, Karachi (South) vide order dated 8-10-2002. Through this application under section 497(5), Cr.P.C. The applicant Mst. Shaista Qaiser wife of complainant Shakilur Rehman being injured in this crime seeks the cancellation of bail to the respondents Nos.1 and 2.
2. ' The facts of the prosecution case as enumerated in the F.I.R. Are that on 12-6-2002 complainant Shakilur Rehman lodged the F.I.R. Stating therein that on the day of incident he had gone to Home Department for some work, where he was informed that robbery has taken place in his house. He immediately proceeded to his house where his wife Mst. Shaista Qaiser (applicant) informed hilt that at about 1445 hours accused Mir Hassan, Majeed, Abdul Khaliq and Gul Hassan trespassed in the house and inflicted blows and thereafter, they took away one licensed pistol and golden ornaments by causing injuries by hard and blunt substance. Complainant Shakilur Rehman proceeded to the Police Station and lodged the F.I.R. After due investigation during the course of investigation respondents Nos.1 and 2 were arrested and recovery of pistol and golden ornaments were recovered from co-accused Mir Hassan. Applicant/injured was also referred to Jinnah Post Graduate Medical Center for examination, treatment and certificate. As per the finding of the Medico-legal Officer, applicant/injured sustained five injuries located at upper lip, right and left neck at back and the Investigating Officer in spite of recovery of the robbed articles failed to submit the charge-sheet in the Court having jurisdiction within stipulated time. As it is stated that respondents/accused are habitual offender, thecomplainant also filed an application to the Home Department thereafter the investigation of the case was transferred to the Special Investigation Unit in view of the directions issued by the Home Department. The investigation was carried out, the accused were arrested and the challan was filed in the Court having jurisdiction.
3. ' The bail plea on behalf of respondents Nos.1 and 2 was filed only on the ground that no charge- sheet/report has been filed in the Court having jurisdiction as required under section 173, Cr.P.C. The trial Court issued notices to the Investigating Officer as well as D.S.P. Jawed Iqbal Bhatti. On receipt of the show-cause notices they filed interim challan in the Court on 5-10-2002 after more than 2- 1/2 months. The learned Sessions Judge while granting bail to the respondents has observed that mandatory provisions of section 173, Cr.P.C. Were violated. The applicants are already known to the complainant as a neighbourers and there was litigation between them and the concession of bail was extended to them.
4. ' Mr. Umer Farooq Khan, learned counsel for the applicant has contended that the acts of respondents Nos.1 and 2 have specifically been mentioned in the F.I.R. As well as role attributed to them for causing injuries to the complainant's wife and committing robbery of golden ornaments and a licensed pistol. It is further urged by the learned counsel that while granting bail by the trial Court, that merit of the case has been ignored. It is also pointed out by the learned counsel that respondents Nos.1 and 2 are influential persong being sons of police officials, the F.I.R. Was lodged promptly but no action was taken against them and after change of investigation/Investigating Officer the respondents Nos.1 and 2 got recovered the robbed property. Learned counsel for applicant in support of his arguments has relied upon the case of Talib Hussain and others v. The State (1988 SCMR 613) Dur Muhammad v. Bashir and 2 others (1983 PCr.LJ 2053) and case of Mst.
5. Rambail Bibi and others Mir Alam and others (NLR 1998 Cr. 321).
6. ' Messrs Muhammad Khan and Mubashir Ahmed, learned counsel for respondents Nos.1 and 2 have vehemently opposed this application and submits that complainant Shakilur Rahman is also an influential person and was working as a driver in the Home Department at the time of lodging the F.I.R. The complainant and respondents Nos.1 and 2 have got old enmity and F.I.R. No.26 of 2000 was registered against the respondents/accused which was disposed of in A-Class. It is pointed out by the learned counsel for respondents Nos.1 and 2 that F.I.R. Was registered on 12-6-2002 and after issuance of the show-cause notices to the Investigating Officer/DSP interim challan was filed on 5- 10-2002 after 2-1/2 months of the registration of the F.I.R. And the challan has been filed at the direction of highups as the complainant was working as a driver in Home Department. Learned counsel for respondents insupport of their arguments have relied upon the case of Razi Khan v.
7. Muhammad Mushtaq and another (1996 SCMR 984(b)), Aftab Ahmed v. Muhammad Shoaib and 2 others (PLD 1999 Karachi 455), Behlal v. The State (2000 SD 407) and case of Akmal Masih v. Salmat Masih and 4 others (1988 SCMR 918 at 919).
8. ' Conversely Mr. Jalil Zubedi, learned State Counsel has supported the application and submits that the concession of bail was wrongly extended' to the respondents Nos.1 and 2 without considering the merit of the case. It is pointed out by the learned State Counsel that according to F.I.R. Mst.
9. Shaista Qaiser wife of the complainant sustained injuries at the hands of respondents Nos.1 and 2 and other co-accused and her hands and mouth were tied with cloth and mark of injuries were available on her body. The accused took licensed pistol and golden ornaments from the house of complainant under the show of force. The robbed property viz. Pistol and golden ornaments were recovered from the accused.
10. ' I have heard the learned counsel for respective parties and considered the case-law cited at bar.
11. It is an admitted position that the principles for cancellation of bail and consideration for grant of bail are altogether different aspect. It is also admitted position that once bail is granted by the competent Court then strong and exceptional grounds would be required for its cancellation. The Courts are competent to cancel bail when a bail is granted without examining the merits of the case. Admittedly the applicant/injured being wife of the complainant sustained five injuries on face, neck and other parts. On her hue and cries the Mohallah people had come, the hands and mouth of the injured were tied with cloth. The story given by the injured complainant to the complainant was incorporated in the F.I.R. During the course of investigation the robbed pistol and golden ornaments and other articles' were recovered which corroborates the version of the injured/ complainant and the part of the role attributed while committing the offence is also stated in the F.I.R. The complainant and accused party are already known to each other, the false implication as raised by the learned counsel for respondents Nos.1 and 2 will be considered at the time of recording of evidence. Learned State Counsel has conceded that the ing order is not a speaking order in respect of merits of the case and only of non-submission of the challan against the accused was taken into consideration. The father of the accused who are also working in the Police Department was posted at the relevant Police Station and no progress was made. The complainant filed an application for change of investigation to independent police officer. The investigation was transferred and accused/respondents Nos.1 and 2 were arrested and on their pointation the property was recovered. Learned counsel for respondents Nos.1 and 2 has mainly stressed that the applicant is notcompetent to file this application for seeking cancellation of bail.
12. In the similar circumstances in the case of the Dur Muhammad v. Bashir and 2 others injured person had filed the criminal miscellaneous application for cancellation of bail as reported in authority 1983 PCr.LJ 2053. I am in respectful agreement with the view expressed in the above cited case and hold that a person who was allegedly injured by an accused person though he may not be a complainant in the case, it is a person vitally interested in the case and is, therefore, entitled to move for cancellation of bail to the accused under section 497(5), Cr.P.C. As per medical certificate the applicant/injured sustained five injuries at the hands of accused at the time of incident the witnesses had seen the injured that her hands and mouth were tied with cloth. This fact alone was sufficient that some incident has taken place. The merits of the case were not pointed out to the learned Sessions Judge while hearing the bail application. The ing order itself reflects that merit of the case was not brought before the Court and only on point of non-submission of the charge- sheet within stipulated period was the only ground for grant of bail although respondents Nos.1 and 2 have not abused the concession of bail but one accused, namely, Mir Hassan was arrested in another crime and in spite of framing of charge by the trial Court the case has not proceeded, I am inclined to cancel the ed to respondents Nos.1 and 2. They are remanded to judicial custody with a direction that the said accused be produced before the trial Court as and when directed. The trial Court is directed to proceed with the case expeditiously preferably the material witnesses be recorded within three (3) months time. The respondents Nos.1 and 2 will be at liberty to file their bail application after recording evidence of material witnesses. The trial Court is further required to proceed the trial without granting any adjournments on filmsy grounds. The progress report of each date of hearing be communicated to Member Inspection Team, High Court of Sindh Karachi.
13. Criminal Miscellaneous Application No.366 of 2002 is disposed of in above terms.
14. Bail cancelled.