2025 PLP 2059 (SCMR)

MALIK SHAHZAD AHMAD KHAN, J.

Through the instant petition, Sher Khan, petitioner, has assailed the judgment dated 11.07.2025 passed by the learned Peshawar High Court, Bannu Bench, with the prayer to set aside the said order and grant post-arrest bail to him in case registered vide FIR No. 66 dated 30.03.2025 under Sections 302/324/34 P.P.C., at Police Station Haved, District Bannu.

2. Arguments heard. Record perused.

3. As per contents of the FIR, on 29.03.2025 at about 6.40 p.m, Sher Khan (petitioner) along with his co-accused while armed with different weapons launched an attack upon the complainant party and committed murder of Muhammad-Ullah and Asim Khan (deceased), while causing firearm injuries on their bodies. The complainant further alleged that during the occurrence, on account of firing of the accused party, the son of the petitioner namely Nauman also received firearm injuries on his body, hence the FIR of this case.

4. A joint role was assigned to Sher Khan (petitioner) and Asghar Ali (co-accused since P.O) of making fire shots with Kalashnikov, which landed on the bodies of the abovementioned two deceased persons, namely Muhammad-Ullah and Asim Khan. No specific injury on the body of any deceased has been assigned to the petitioner. As per police record, no weapon has been recovered from the possession of the petitioner during the investigation of this case. According to the report of FSL, the empties recovered from the spot were found to be fired from one weapon. It is not determinable at this stage that as to whether any fire shot made by the petitioner landed on the body of either of the deceased.

5. Furthermore, the son of the petitioner namely Nauman was admittedly injured during the occurrence and this fact has also been mentioned in the FIR. Though the complainant stated in the FIR that the above-mentioned Nauman received injuries on account of firing of the accused party but we have noted that the the accused party has also lodged a cross-version and according to the Investigating Officer both the parties have been challaned in the State, as well as, cross-version case. The abovementioned Nauman was medically examined on the day of occurrence and according to his medico legal report, there were five entry and exit wounds on his body. There were firearm entry and exit wounds on his chest and there were multiple firearm wounds on his legs. As it is a cross-version case, therefore, it will be determined by the learned trial Court after recording of evidence that as to who was the aggressor and who was aggressed upon and as such the prosecution case against the petitioner is one of further inquiry entitling the petitioner to the grant of post arrest bail. It has next been argued by learned Addl. Prosecutor General assisted by learned counsel for the complainant that there is only a single injured of the cross-version, whereas on the other hand two persons lost their lives in the State case but number of injured or deceased on either side or receiving of minor injuries or grievous/fatal injuries of any party is not relevant at bail stage as observed in the judgments reported as "Hamza Ali Hamza and others v. The State" (2010 SCMR 1219), "Muhammad Boota v. The State and others" (2014 SCMR 1355) and "Syed Darbar Ali Shah and others v. The State" (2015 SCMR 879).

6. Consequently, this petition is converted into appeal and allowed. The impugned order is set aside. The petitioner is granted post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 10,00,000/- (one million) with two sureties in the like amount each to the satisfaction of the learned Trial Court. JK/S-41/SC Bail granted.