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Petition for Special Leave to Appeal No. 31‑P of 1968, decided on 10th December 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 30th September 1968, in Criminal Miscellaneous No. 378 of 1968).
Accused kept in detention and challan not put up even after six months of occurrence‑Special leave to appeal against order of refusal to grant bail‑Granted by Supreme Court‑Criminal Procedure Code (V of 1898), S. 497.
Muhammad Nazirullah Khan, Advocate Supreme Court instructed by M. Qasim Imam, Attorney for Petitioner.
Nemo for the State.
Date of hearing : 10th December 1968.
.‑One Sumar Gul, Foot‑constable lodged a First Information Report on 12‑6‑1968 under section 307/353, P. P. C. and section 13, Arms Ordinance against the petitioner and three others.
It was alleged that on 12‑6‑68 while a foot‑ball match was going on at Shahi Bagh the accused were peeping at the ladies in the Ladies Sector. This was objected to by the Police party on duty. At this the accused started a quarrel with them and they caught hold of Sumar Gul Foot‑constable and one of the accused namely Faqir wanted to attack him with a knife. He was, however, released by those who were present there. The accused then went out of Shahi Bagh by the back door and then the petitioner fired several shots at the complainant but the latter was not hit. The accused then left in a Rickshaw but the police party followed them in a car. When they met in a field the petitioner again fired a shot which hit the informant on the left foot.
The petitioner's case is that Lal Muhammad Foot‑constable of the police party fired at him and he received an injury on the wrist. The petitioner filed a complaint in the Court of the City Magistrate, Peshawar against Lal Muhammad F. C. which was sent to the Deputy Superintendent of Police City for inquiry.
Two of the accused persons have been released on bail by the High Court. The application of the petitioner was dismissed as it was found that he has been charged for the effective firing. Hence this petition for leave to appeal.
The learned counsel for the petitioner argued that as in this case some policemen themselves are involved the police have not put in the challan for the last six months in order to prolong the detention of the petitioner. It was then argued that no report has yet been submitted in regard to the complaint of the petitioner. Regard being had to these special features of the case we grant leave. The petitioner is admitted to bail pending the disposal of the appeal on furnishing bail bond in the sum of Rs. 10,000 with two local sureties in the like amount to the satisfaction of the trial Magistrate.
The appeal is to be made ready expeditiously so that it may be heard in February 1969 at Lahore.
Leave granted.
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