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Petition for Leave to Appeal No. 14‑P of 1986, decided on 27th October, 1986.
‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.497‑‑Penal Code (XLV of 1860), S. 307/148/149‑‑Bail, grant of‑‑Co‑accused allowed bail‑ Case of accused not distinguishable from that of co‑accused‑‑Leave to appeal granted to consider plea that petitioner's case was not distinguishable from that of co‑accused to whom bail was allowed.
M. Munir Khan, Advocate Supreme Court for Petitioner.
Nemo for the State.
Date of hearing: 27th October, 1986.
This is a petition for grant of leave to appeal from the order of a learned Judge of Peshawar High Court, dated 2‑4‑1986, refusing to grant petitioner's request for release on bail pending his trial along with co‑accused Zamir Gul and Khiyal Wazir under section 307/148/149, P.P.C. Learned Judge however, by the same order granted bail to the aforesaid two co accused. According to the version of the complainant Hakim Khan, petitioner had allegedly fired a pistol at him but the bullet had misfired and he luckily escaped. The two co‑accused were alleged to have caused injuries to his mother Mst. Zerkheme.
Mr. Munir Khan learned counsel appearing in support of the petition submits that case of the petitioner cannot be distinguished from the one of the co‑accused to whom bail has been granted.
The above plea amongst others deserves consideration, we, therefore, grant leave and allow the petition.
Learned counsel for the petitioner prays that since this case pertains to Peshawar, the appeal may be heard there during the next session of this Court which is to commence from 16th November, 1986.
Since only short points are involved for the decision of the appeal and the case pertains to Peshawar region, the request for transfer is legitimate and is granted.
The file of the case shall be transferred to Peshawar Registry for hearing there during the next session of this Court.
Appeal will be heard on the present record but it will be open to the parties to file additional documents, if any.
M. I. Order Accordingly.
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