1999 P Cr (PLP)

Imtiaz Ali, A.A.‑G. for the State. Shamsul Qamar for the Complainant. Date of hearing: 18th January, 1999. Petitioners Arab Gul, Sahib Haq sons of Said Amir Jan, Mehrab Gul son of Gula Said, Said Amir Jan son of Said Noor residents of Suhail Abad, Tehsil and District Peshawar, are involved in Case F.I.R. No.579, dated 8‑11‑1998 of Police Station Suburb for offences under section 337‑A(2)F‑2/34, P.P.C. were allowed bail by the Judicial Magistrate, Peshawar on 13‑11‑1998 but this order was recalled by the learned Additional Sessions Judge, Peshawar on 19‑12‑1998. Now they have approached this Court for the purpose of bail.

2. I have heard the learned counsel for the petitioner and the learned State Counsel and have gone through the record of the case.

3. The complainant namely, Amir Rabi on 8‑11‑1998 at 19‑00 hours made a report before Khan Abbas, A.S.‑I. in the Casualty Ward of Lady Reading Hospital, Peshawar alleging therein that on the eventful evening he alongwith his brother Abdul Hakim, Muhammadullah, Hafizullah, Hazrat Hussain, Abdul Jalal, were present on the spot when the petitioners appeared armed with knives and started inflicting injuries on him and at his aforementioned companions, who were witnesses to the occurrence. The motive for the offence was that his brother Abdul Hakim had altercated with his mother a day earlier on account of which she had left for the house of her parents and complained her grievance to them.

4. Yet another version of the incident was reflected in case F.I.R. No.580 lodged on the same day by Sahib Haq in the police station at 18‑20 hours in which the complainant of the present case namely Amir Rabi, his brother Abdul Hakim and 4 others were charged for causing injuries to him, his mother Mst. Lal Bano and his father Said Amir Jan. The time of occurrence and spot in both the cases is the same. The nature of injuries caused to them was simple in nature.

5. In the present case 7 persons have received injuries with sharp‑edged weapons out of which injuries caused to Abdul Jalil and Hafizullah were grievous in nature so much so that the laparotomy was carried on both of them under general anaesthesia and left kidney and intestines of Hafizullah were removed. It is important to mention that the cross‑case was registered in .the police station whereas in the instant case the report was made by Amir Rabi in the Lady Reading Hospital, Peshawar after the examination of the injured persons. The first victim was examined at 6‑5 p.m. by the doctor. The instant charge brought by Amir Rabi is fully supported by all the injured persons and their version is corroborated by the medical evidence. A prima facie case at the moment exists against the petitioners. It is for the trial Court to assume as to who was the aggressor and who was aggressed upon.

6. In the circumstances, a cross‑case against each other cannot be a ground for bail. Reference is made to 1992 SCMR page 501 and 1995 SCMR page

860. The discretion exercised by the learned Additional Sessions Judge, Peshawar, therefore, does not seem to be contrary to law. With these observations I see no reason to interfere with the impugned order. The application for bail is dismissed. The trial Court is directed to conclude the trial of the petitioners within three months failing which the petitioner shall apply afresh for bail. N.H.Q./311/P. Bail refused.