Bashir etc vs State.

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

PESHAWAR

(Judicial Department)

Cr.Misc.BA NO.1513-P/2014

Date of hearing: 20.10.2014

Petitioner (s) : Bashir etc by Mr. Hussain Ali Khan, Advocate.

Respondent(s) : State by Mr. Zarmina Gul, Advocate & complainant by Mr. Abdul Fayaz, Advocate.

JUDGMENT

ASSADULLAH KHAN CHAMMKANI, J.- Being unsuccessful before the two courts below to get the concession of post arrest bail, petitioners (1) Bashir and (2) Mudir, through this further application seeks the same concession from this court in case FIR No.851 dated 06.08.2014,registered under sections 302/324/34 PPC, At Police Station Hayat Abad, Peshawar.

2.Allegations against the petitioners are that on 06.08.2014 at 2230 hours, they along with their absconding co-accused, while duly armed with dead weapons and in furtherance of their common intention, committed the Qatl-e-Amd of Zafar and attempted at the life of Muhammad Arif complainant by firing at them. Motive behind the occurrence is stated to be an altercation with the *M.Siraj Afridi P.S. D

deceased and petitioners a few days prior to the incident. In the incident, petitioner Mudir has also been shown injured by the alleged firing of his companions.

3.Arguments heard and record perused.

4.Though, both the petitioners are

directly charged for murder of deceased Zafar along with their absconding co-accused, but at the same time we are also confronted with FIR No.868 dated 06.08.2014, registered under sections 324/148/149 PPC at Police Station Hayat Abad Peshawar at the report of Bashir Khan (one of the present petitioners), wherein he besides charging deceased Zafar and complainant Arif of the instant case, has also nominated accused Nadar and Zakir for attempting at his and life of co-petitioner Mudir by firing at them effectively. In both the FIRs, same motive has been alleged by both the parties. In both the FIRs, the time, date and venue of occurrence as well as the parties are the same. In the given circumstances, it is not certain that which of the parties has initiated the incident or who is aggressor and who has been aggressed upon. In this view of *M.Siraj Afridi P.S. D

the matter, it becomes a case of further inquiry into the guilt of the petitioners that which of the parties has aggressed and which one has acted in self defence, making the case of petitioner arguable for the purpose of bail. In this respect cases guidance may be derived from cases titled, “Hamza Ali Hamza & others Vs The State” 2010 S C M R 1219, “Muhammad Shahzad Siddique Vs The State & another” P L D 2009 S C, 58, “Shoaib Mehmood Butt Vs Iftikhar-ul-Haq and 3 others” 1996 S C M R, 1845, “Akhtar Zaman Vs The State and another” (1999 P Cr L J 1337).

5.For the foregoing reasons, this petition is allowed. Accused/petitioners are admitted to bail, provided each one of them, furnishes bail bonds in the sum of Rs.3,00,000/- (three lacs) with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate/MOD, concerned. The sureties must be local, reliable and men of means.

Announced.

JUDGE

*M.Siraj Afridi P.S. D

*M.Siraj Afridi P.S. D

*M.Siraj Afridi P.S. D