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Criminal Petition No. 48‑R of 1985, decided on 11th December, 1985.
(On appeal from the Judgment and Order, dated 20‑4‑1985 passed by the Peshawar High Court, Peshawar in Criminal Miscellaneous No. 63 of 1985).
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S.497‑‑Bail, grant of‑‑Accused persons alongwith co‑accused charged with murder and causing gunshot injuries were allowed bail by trial Court On complainant's application, bail of accused cancelled‑‑Petition for leave to appeal‑‑Each one of accused being armed with gun and having fired shots during same transaction, Supreme Court declined to draw distinction at such premature stage and assess cases on basis of their individual participation‑‑Petition dismissed.
Sh. Zafar Mahmood, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record (absent) for Petitioners.
Nemo for the State.
Abdul Rehman Khan, Advocate Supreme Court with Nur Ahmed Khan, Advocate‑on‑Record (absent) for Respondent No. 2.
Date of hearing: 11th December, 1985.
‑Farooq Nawaz, Rawail and Anwar Khan, petitioners herein, and Mowaz Khan father of Farooq Nawaz, are charged for the murder of Mst. Mustafa Jan and for causing gunshot injuries to Saeed son of 1dris and Noor Hussain.
The report of the incident was lodged on the same clay barely 45 minutes after the occurrence. On the same day a report of the counter‑version was lodged by Muhammad Younas at the same Police Station ten minutes before the lodging of the first F.I.R. in which he charged Muhammad Idris, the first informant in the other case, his son Saeed and his maternal‑nephew Qasim for causing fire‑arm injuries to him.
Apparently the motive seems to be a quarrel over children sometimes preceding the present incident. According to the first version while Muhammad idris was inside his house alongwith his wife and nephew somebody called them out from outside and as the deceased went out of the house alongwith Saeed, they saw Nlowaz Khan and his son Farooq Nawaz armed with Topaks aiongwith Rawail and Anwar Khan similarly armed who on seeing them fired their guns as a result of which Mst. Mustafa Jan was hit and she fell clown. At about this time Anwar Hussain and Saeed also came there who were next tired at by Rawail and Anwar Khan, and both of them were injured.
The offenders in both the cases were allowed bail by the Additional Sessions Judge, Nowshera. Muhammad Idris, the complainant thereupon filed an application in the High Court for the cancellation of bail allowed to the offenders, and the High Court by its order, dated 28th of April, 1985 allowed bail to Mowaz Khan and cancelled it in regard to the others. It is against the cancellation of bail of those petitioners that leave is now sought.
While arguing the learned counsel was at pains to draw a distinction between the cases of Farooq Nawaz and Mowaz Khan as only one gun‑shot injury was found on the deceased and the cases of Rawail and Anwar Khan in sharing the common intention when they had only caused injuries to two other persons namely Saeed and Noor Hussain. But we fail to see how at this premature stage a distinction could be drawn in regard to their common intention and the cases assessed on the basis of their individual participation when each one of them was armed with a gun and had fired shots during the same transaction.
In this view of the matter, there is no substance in this petition which is dismissed.
M. I. Petition dismissed.
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