2010 GBLR 276

State Versus MASHROOF

Citation2010 GBLR 276

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Muhammad Nawaz Abbasi, C.J., Syed Jaffar Shah and Muhammad Yaqoob

ORDER

1. MUHAMMAD NAWAZ ABBASI, C.J.--- This petition has been filed by the State for cancellation of Bail granted to the respondent by the Chief Court in a case registered against him under section 337 A(iii) and 337-A(1) read with section 147/148, P.P.C. at Police Station Astore District Astore.

2. The respondent allegedly caused grievous injuries on the person of injured with iron rods. The bail has been granted to him for the consideration whether in view of nature of injuries the case would fall within the ambit of section 337(i), P.P.C. or section 337-A(iii), P.P.C.

3. Learned Advocate-General has contended that in the light of medical report apparently the case may fall within the ambit of section 337-A(iii), P.P.C. and the tentative assessment of evidence would not permit the grant of bail to respondent at evidence stage of the trial.

4. Be that as it may, we without commenting on merits dispose of this petition with observation that in case of misuse of cancellation of bail by the respondent in any manner, the State or the complainant as the case may be, may invoke the provision of section 497(5), Cr.P.C. for cancellation of bail before the trial Court. Disposed of.

5. H.B.T./67/Glt. Order accordingly.