1990 PLP 1097 (SCMR)

Date of hearing: 19th December, 1989. ALI HUSSAIN QAZILBASH, J.‑‑‑This appeal by leave arises from the order of a learned Single Judge of the Peshawar High Court, dated 19‑9‑1988, whereby he allowed bail to Banaras respondent.

2. As per the F.1.R. lodged by Ali Akbar Shah complainant on 13‑5‑1988 at 18‑30 hours he alongwith Fida Hussain Shah and Abbas Shah were returning from the mosque. En route they came face to face with Sadiq and Banaras sons of Muhammad Akbar armed with shotguns, Ayaz and Fiaz sons of Banaras armed with sticks and Muhammad Akbar armed with an axe. The complainant was fired at effectively by Sadiq whereas Banaras respondent fired effectively at Fida Hussain Shah who later on succumbed to his injuries. Ayaz, Fiaz and Muhammad Akbar gave blows to Abbas Shah with sticks and axe.

3. Another report was lodged by Banaras the same evening at 18.15 hours alleging that he and his father Muhammad Akbar were injured by Ali Asghar Shah and Fida Hussain Shah who were armed with an axe and a chhuri respectively. This occurrence was alleged to have taken place in the mosque where an attempt of grappling with him was made by Abbas Shah and Haider Shah who were armed with shotguns and had also fired at him. An F.I.R. was. drawn on the basis of the above report.

4. Besides Banaras respondent, all the other accused were admitted to bail by the Additional Sessions Judge, Haripur. On being approached by the respondent, the High Court also allowed him bail on the ground that the case required further inquiry to determine which of the parties was the first to start the occurrence.

5. Leave was granted to consider the propriety of the order of the High Court in admitting the respondent to bail.

6. We have heard the learned counsel for the parties and have gone through the record placed with the appeal. The perusal of the record shows that from the respondent's side Muhammad Akbar and his son Banaras have received' a number of injuries on their persons. Of the injuries, both these persons have two incised wounds on their skulls of various dimensions. The injuries on the persons of Muhammad Akbar and Banaras have not been explained in the F.I.R. lodged by the appellant. Though one of the persons from the appellant's side has lost his life but as the case stands we think that no exception can be taken to the view expressed by the learned Judge of the High Court that it was a case of further inquiry to determine as to who was the aggressor.

7. Finding no force in the appeal, the same is dismissed. N.H.Q./A‑680/SS Appeal dismissed.