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Criminal Miscellaneous No. 80 of 1976, decided on 22nd March 1976,
‑‑ S. 497(5)‑Bail, cancellation of‑Contention that accused being person of dangerous disposition, involved in a number of criminal cases and witnesses not appearing for evidence out of their fear ---Prosecution witnesses, however, regularly appearing in same Court as accused in cases against them but deliberately evading appearance in case against accused‑Cancellation of bail declined, in circum stances.‑‑[Bail].
Manzoor Hussain Sial for Petitioner
Qurban Sadiq Ikram for Respondents.
Muhammad Salim Koreja for the State.
Muhammad Sharif petitioner has applied for the cancellation of bail allowed to Aman Ullah and seven others in a case registered against them under section 148/307 read with section 149, P. P. C. at Poli, Kallurkot, District Mianwali.
2. A similar petition was made before the Sessions Judge, Mianwali which was dismissed by him on 18‑11‑1975. The main ground on which this petition is based was that the respondents were of dangerous character and were involved in number of other cases. Mohammad Iqbal respondent was said to have been bound down under the Goonda Act for three years. It was also argued that out of fear the witnesses are not appearing for evidence. It was conceded that the complaints made to the Police for the apprehension of breach of peace have not made any headway. Learned counsel for the respondents contended that the two eye‑witnesses namely, Sharif and Feroze who are accused in other cases are regularly appearing in the same Court in connection with those cases, but are deliberately not appearing in the present case in order to create a ground for the cancellation of bail. Learned counsel for the petitioner could not controvert whether these two witnesses were appearing to the Court of the same Magistrate in connection with the cases against them. Learned State counsel has supported this petition but I do not agree with the submissions made on behalf of the petitioner. Security proceedings have not been drawn up on the reports made by the witnesses. I do not consider it a fit case for the cancellation of bail. This petition is dismissed.
Petition dismissed,
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