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Criminal Miscellaneous No. 381‑B of 1985, decided on 17th March, 1985.

‑‑S.497(5)‑‑Penal Code (XLV of 1860), 5.304‑‑Bail, cancellation of‑ Cancellation of, bail sought on grounds that accused had not been appearing before trial Court ever-since trial commenced and that he was threatening prosecution witnesses‑‑Record showing that accused had appeared before trial Court although previously he had not been doing so‑‑Accused directed to appear before trial Court on every date of hearing and if he did not appear on any date his bail would be cancelled‑‑Petition for cancellation of bail, dismissed.

Ataullah Mirza for Petitioner.

Shahid Hussain Kadri for Respondent No.1.

Akhtar Shabbir Asstt. A.‑G. for the State.

This is an application for cancellation of bail allowed by me to Muhammad Zahid Yameen respondent on 7‑4‑1984. He was allowed bail for the reason that a case was registered against him under section 304, P. P. C. at Police Station Lohari Gate, Lahore on 17‑3‑1985. The allegation against him is that he was driving a Suzuki rashly and negligently and without a licence and as a result a child was killed. Learned counsel points out that the challan in this case was submitted in the Court of Mr. Zaheer‑ud‑Din Babar, Judicial Magistrate, Lahore on 15‑11‑1984 and the respondent has not been appearing before the trial Court eversince the trial commenced in the instant case. It is also alleged that he is threatening the P.Ws.. Learned counsel for the respondent has placed counter‑affidavits to show that he has been appearing. In order to determine as to what is the real position the record will have to be summoned in this case. The office is directed to summon the record of this case from the Court of Mr. Zaheer‑ud‑Din Babar, Judicial Magistrate, Lahore within a period of two weeks. To come up on 10‑4‑1985. The respondent should also be present on that date.

In continuation of my order, dated 17‑3‑1985 the record shows that the respondent appeared before the trial Court on 20‑3‑1985 although before that he had not been so doing. The next date of hearing is fixed as 13‑4‑1985. I am hereby directing the respondent to appear in the trial Court on 13‑4‑1985 as well as on any other date which is fixed by the Judicial Magistrate with Section 30 powers, Lahore and on any date if he does not so appear the Judicial Magistrate with Section 30 powers Lahore, which is trial Court in the instant case is directed to cancel his bail. With these observations this petition is disposed of. The record of this case should immediately be sent back today to the learned Magistrate.

M. A. K.

Petition dismissed.

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