GHULAM MUSTAFA vs M U HAMMAD SADIQ

This criminal petition seeks the cancellation of post-arrest bail granted to the respondent by the Additional Sessions Judge. The petitioner contends that the respondent shared a common intention with the main accused in the commission of the offense. The core legal question before the High Court was whether the bail granted to the respondent should be cancelled based on the allegation of shared common intention. Upon reviewing the record, the Court observed that the F.I.R. described the incident as a sudden affair. While the main accused was alleged to have inflicted a fatal brick blow, the respondent was only accused of using fists and kicks. Crucially, the medical evidence, including the post-mortem and medico-legal reports, confirmed that the deceased sustained only a single injury, which was attributed to the co-accused, not the respondent. The Court held that the considerations for cancelling bail differ significantly from those for granting it. Finding the lower court's bail order neither perverse nor contrary to the record, the petition was dismissed. The judgment reinforces the principle that bail cancellation requires distinct, compelling grounds beyond mere allegations of shared intention when medical evidence contradicts the prosecution's narrative.