1987 PLP 3119 (MLD)

Petitioners are under arrest in the case registered against them under section 307/34, PPC on an application submitted by Haji Zafar Ullah Khan. According to F.I.R. which is based on the application of Haji Zafar Ullah. Khan, he was estopped at Lorry Adds Kamar Mushani when he had reached there driving wagon, by the petitioners, who were armed with pistols. They asked him, why he was driving the wagon when the transporters were on strike. The complainant informed them that he was going home and was not plying it on hire, whereupon Riaz etc. asked him to stop the wagon and told him that they were going to, blacken his face. When the complainant tried to run for escape, all the petitioners fired indiscriminately. Some of the pellets from the firing done by the petitioners, hit the vehicle of the complainant. A passer-by also suffered injuries. The complainant, however, succeeded in running away alongwith the vehicle.

2. Riaz petitioner was granted bail by the trial Magistrate on 27-4-1987, Wali Dad petitioner was allowed bail on 10-5-1987 and Haq Nawaz petitioner was granted bail by the same Magistrate on 17-5-1987. The Magistrate earlier had refused to enlarge them on bail.

3. The complainant, feeling aggrieved, moved a petition for cancellation of bail allowed to the petitioners by the Magistrate, whereupon learned Addl. Sessions Judge cancelled the bail vide order dated 9-7-1987.

4. Apart from challenging the order of learned Addl. Sessions Judge of cancellation of bail, the petitioners are now seeking bail on merits as well.

5. Learned counsel for the complainant/ State have opposed the grant of bail, contending that the petitioners had acted in a dare-devil manner and that it was by sheer luck that the complainant did not suffer any injury, as a result of their firing. Learned counsel stated that WAR Dad petitioner was already involved in 6 cases while Haq Nawaz petitioner was involved in 5 cases, which shows that they were desperate persons.

6. Learned counsel for the petitioners has stressed the grant of bail on the ground that none of the shots fired by the petitioners had struck the complainant and thus it was a case of ineffective firing, so far as he is concerned. With regard to the injuries said to have been suffered by a passer-by, it is stated that he has, by way of an affidavit, exonerated the petitioners. Copy of the affidavit has been produced by learned counsel for the petitioner. The affidavit was produced before learned Additional Sessions Judge, also which finds mention in his order dated 18-2-1987.

7. Riaz. petitioner remained in jail for more than 2 months while the other petitioners remained in jail for a period of about 3 month each, before then were released on bail. They are again lodged in jail for the last 2 months after cancellation of their bail. The on P.W. who suffered the injuries, has exonerated the petitioners. I will have to be seen at the trial whether the person who was sitting on the driver seat, would have escaped unhurt, when three persons had fired at him indiscriminately from different weapons, particularly when the wagon was in standing position. Considering the above-noted facts, I feel inclined to grant this petition. The petitioner. shall be released on bail, provided they furnish bail bonds in the sum of the twenty-five thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Isa Khel. S.G.D./R-43/L Bail allowed.