Aziz-ur-Rehman vs State etc

Judgment Sheet

IN THE PESHAWAR HIGH COURT,

PESHAWAR

(Judicial Department)

BA No. 91-P/2016.

JUDGMENT

Date of hearing. 22.3.2016

Petitioner (Aziz-ur-Rehman) By Mr. Shabbir Hussain Gigyani, Advocate.

State By Mr. Rahim Shah Asstt: A.G.

Complainant. By Mr. Muhammad Amin Khattak Lachi, Advocate.

QAISER RASHID KHAN, J. The accused-

petitioner seeks bail in case FIR No. 1056 dated 17.11.2015 under sections 302/324/427/34 PPC, Police Station Badhber, Peshawar after the said concession was declined to him by the learned court below.

2.Allegations against the accused-petitioner are that he alongwith his co-accused fired at the complainant party and as a result Atif-ur-Rehman and Wazir Badshah received firearm injuries and the latter succumbed to the injuries while being taken to the hospital, hence the FIR ibid.

Arguments heard & available record perused.

3.As the record reveals, it was the complainant, Sarfaraz, who reported about the incident to the effect that while travelling in a motorcar from Peshawar to Kohat alongwith his nephew Wazir Badshah occupying the front seat and Atif-ur-Rehman on the driving seat, they were fired at by the accused-petitioner alongwith his two absconding co-accused with which both Wazir Badshah and Atif-ur-Rehman were seriously injured while the complainant occupying the rear seat had a miraculous escape. Wazir Badshah later on succumbed to his injuries.

4.In the present case, injured Atif-ur-Rehman from day one in his statement under section 161 Cr.P.C had though charged three unnamed armed persons to have fired at them but did not charge the accused for the same. To this effect he has also filed his affidavit duly attested by the Oath Commissioner Kohat on 10.3.2016 as well. Similarly, the complainant Sarfaraz who happens to be the maternal uncle of the deceased Wazir Badshah has also filed a separate application before this

court bearing Cr.M No. 25-P/2016 accompanied by his sworn affidavit stating therein to have nominated the accused party in a state of fear and disturbance on account of previous blood feud and further to have satisfied himself that the firing was made by unknown persons. Whether such sworn affidavits are indeed the result of proper satisfaction by the injured and the complainant regarding the non-involvement of the accused-party or the same is a summersault in order to give a safe passage to the accused but the same will have a direct bearing on the ultimate trial of the accused.

However, such affidavits of the star witnesses certainly make the case of the accused-petitioner one of further enquiry in view of the dicta laid down by the Hon’ble Supreme Court in “Muhammad Nawaz alias Najja vs.

The State” (1991 SCMR 111) and “Muhammad Najeeb vs. The State” (2009 SCMR 448).

Accordingly, this bail petition is allowed and the accused-petitioner is granted bail provided he furnishes bail bonds in the sum of Rs.200000/- (Two lac) with two

sureties, each in the like amount, to the satisfaction of the learned trial court concerned which shall ensure that the sureties are local, reliable and men of means.

Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court where the case be decided on its own merits after recording evidence.

These are the reasons for my short order of the even date.

Cr.M No. 25-P/2015

This application for the submission of sworn affidavit of the complainant is allowed and the same be treated as part and parcel of the instant bail petition.

Announced:

JUDGE

*Qaseem*