QAISER RASHID KHAN, J. The petitioner, Muhammad Yasir Khan, seeks bail in case FIR No. 868 dated 18.7.2016 registered under sections 302/ 324/ 148/ 149 PPC, Police Station Bhana Mari Peshawar after the said relief was declined to him by the learned court below.
2. As per the allegations contained in the FIR ibid,the accused-petitioner alongwith his absconding co-accused, nine in number , had fired at the complainant party with their respective weapons with which the complainant Rashid Khan, his brother Shahid, his mother Mst. Sahibzad Gula and his father Gul Khan received firearm injuries and the latter succumbed to his injuries on the spot.
3. The learned counsel for the accused-petitioner argued that both the accused and the complainant party had engaged in cross firing resulting in firearm injury to the accused-petitioner Muhammad Yasir as reported through case FIR No. 867 and to the complainant party in the present case. He thus contended that as to who was the aggressor and who was aggressed upon is yet to be determined during trial but certainly the available circumstances lead the case to one of further probe into the matter and hence the accused-petitioner is entitled to bail.
4. The learned counsel for the State assisted by the learned counsel for the complainant on their turn opposed the bail petition on almost the same grounds as detailed in the order of the learned Additional Sessions Judge-X, Peshawar .
Arguments heard and available record perused.
5. Notwithstanding the arguments of the learned counsel for the accused-petitioner, the record shows that all the four family members of the complainant party received respective firearm injuries which resulted in the death of the father of the complainant on the spot. The recovery of 28 empties of 7.62 bore from the spot followed by the FSL report that the same were fired from different weapons certainly point towards the participation of a number of accused in the commission of the offence. The site plan shows the presence of the accused party in the fields of the complainant party and moreover all the injured received the firearm injuries within their fields and that is how the blood stained earth was accordingly retrieved from the respective spots assigned to them in the site plan. The accused-petitioner has not attributed the firearm injury on his thigh during the present criminal transaction but has rather nominated the complainant Rashid Khan and his brother Shahid for the same vide case F.I.R No.867. Taking an overall tentative assessment of the available record, the accused-petitioner is prima facie linked with the commission of the offence which squarely falls within the prohibitory limb of section 497 Cr.P.C and hence disentitling him to bail. Resultantly , this bail petition is dismissed.
Before parting with this order, it is directed that any observation recorded in this order, being purely tentative in nature, shall in no manner prejudice the proceedings before the learned trial Court where the case be decided on its own merits after recording evidence.