2000 P Cr (PLP)

According to the report of Noor Khan, complainant, on 2-9-1999 at 13-00 hours he alongwith his father Zaman Khan were sitting near their house, .in the meanwhile accused Siraj, Aftab and Sabir duly armed with deadly -weapons came there and started firing. With the fire shot of Sabir, father of the complainant was hit and died on the spot whereas the complainant escaped unhurt from. the firing of Siraj and Aftab. Motive was that Sabir accused abducted Mst. Nusrat Bibi, sister of the complainant' and married her and was pressurising the complainant party to compromise the matter.

2. After their arrest Siraj and Aftab accused-petitioners applied for bail before the- Courts below which was refused to them by the Judicial Magistrate, Peshawar and the learned Additional Sessions Judge-I, Peshawar vide their orders, dated 22-11-1999 and 7-12-1999, respectively. Now they have approached this Court for their release on bail.

3. I have heard the learned counsel for the parties and have gone through the record of the case with their assistance.

4. The petitioners alongwith Sabir absconding accused armed with lethal weapons attacked the complainant party and killed the complainant's father. Though the petitioners have been charged for ineffective firing on the complainant yet with the fatal firing of their absconding brother Sabir, the father of the complainant was hit and killed on the spot. At this stage it is not material to see as to whose fire hit whom as the common attack launched by the petitioners with their absconding accused indicates their common intention, as such every accused would be liable for the criminal act as if it was- done by him alone. The role of ineffective firing of the petitioners does not make their case to be of further inquiry as section 497(2), Cr.P.C. provides that if it appears to the Court at any stage that there are no reasonable grounds for believing that accused committed a non-bailable offence but there are sufficient grounds for further inquiry into his guilt, such accused shall be released on bail. A case of further inquiry under! section 497(2), Cr.P.C. can only be pressed into service when it is held either by the Police Officer or the Court that there are no reasonable grounds to hold that the accused is guilty of non-bailable offence. Reference can be made to 1985 SCMR

382. There is no such finding in this case, therefore, plea of further inquiry cannot be pressed into crevice. The motive also reflects the high-handedness of the accused party as after the commission of abduction of Mst. Nusrat Bibi by Sabir absconding accused, they were pressurising the complainant to condone their criminal act previously committed. The petitioners are charged under section 302/324/34, P.P.C. in the F.I.R. for collectively attacking the complainant party and killing a person, therefore, they are all liable for the commission of the crime. As such there are reasonable grounds to believe that the accused-petitioners are guilty of non-bailable offence which fall within the prohibitory clause of section 497, Cr.P.C. hence they are not entitled to the concession of bail. Consequently, this bail application is dismissed. H.B.T./74/P Bail application dismissed