Application under Section 497 Cr. P.C for the release of Accused/Petitioner on post arrest bail till the final disposal of captioned case Respectfully Sheweth: - The Accused/Petitioner humbly submits as under:- 1) That the Accused/Petitioner is charged in the above captioned case and presently behind the bars at Central Jail, Peshawar. (Copy of the FIR alongwith better copy is attached as Annex 'A Et A/1').
That the Accused/Petitioner moved an application for his released on bail before the learned Sessions Judge, MOHAMMAD IBRAHIM KHAN, J.- Here is the bail petition preferred by Rehman Shah in criminal case reported vide FIR No. 871 dated 15.10.2017 charged under sections 302,324,148,149 PPC registered at Police Station Bhana Mari Peshawar , thereby looking for the grant of bail after arrest.
2. Earlier , the accused/Petitioner was declined bail by the Court of learned Additional Sessions Judge-XV Peshawar vide his order dated 14.11.2017. The reasons advanced for dismissal of the application are somewhat how that "he is directly charged in the FIR. Recovery has been effected from his person. Medico-legal report and other supporting documents available on case file supports version of the prosecution in its totality Pointation memo has been prepared which also supports version of the complainant. At the moment no substantial material existing on the record which may suggest innocence of the Petitioner/accused. The Petitioner being charged for the offence which entails capital punishment and covered under the prohibitory limb of section 497 Cr .P.C.
3. The facts given rise to the lodging of the First Information Report are that Shah Hassan the complainant was present along with the corpus of his brother Shehzad Anwar. There were also injured persons Khaliq Shah and Ajmeer Shah. All of them present at the venue known as Maskeen Abad near Sher Ali Brick Kiln Peshawar. There came the present Petitioner Reiman Shah and his brother Mehmand, Kamran, Haneef, Jehangir, Miras Khan, Hameesh Gul, Zafar Gul, Mir Gul the State, record with their valuable assistance gone through.
6. It is to mention here that the Respondent No. 2 Mujahid Gul is the complainant of this case who has later been named in case registered against him and is since then fugitive from law, therefore amongst the Respondents, only learned A.A.G on behalf of the State was heard.
7. Learned counsel for the Petitioner has referred to the order of this Court in Cr:M B.A No. 2201-P/2017 titled as "Israil alias Minai vs the State etc" and the judgment in Cr.M B.A No. 2400-P/2017 titled as "Israil vs the State".
In the given esteem verdicts in view of the observation in Para-3 of the earlier judgment and Para-4 of the latter judgment, it was kind enough that Petitioner Israil alias Minaj was granted bail in two different cases on the ground that the deceased has sustained two firearm entry wounds from the same direction having same dimensions of 1 x 1 cm. A general role of firing has been attributed to the Petitioner alongwith absconding co-accu sed in the F.I.R. The two crime empties of 30 bore were recovered from the spot and according to the F.S.L report, these have been fired from one and the same 30 bore pistol, therefore in view of the matter it was to be determined during trial whether the occurrence was the job of a single person or otherwise and at that time, the Petitioner Israil alias Minaj role was arguable for the purpose of grant of bail as he was given bail in view of the judgments of the Hon'ble Apex Court in Mitho Pitafi's case (2009 SCMR 299). In the other case as referred to the Hon'ble High Court has also held that the kind of weapon has not been mentioned by the complainant that which accuse d was armed with which type of weapon and the empties being recovered of 7.62 bore. When sent to the Fire Arms Expert, it was known that the empties were fired from one and the same weapon, therefore it can be the job of one person.
8. On this analogy together with the judgment as reported in 2016 P Cr.LJ 297 "Nazar Gul vs the State and anohter" learned counsel for the Petitioner is seeking bail to the present Petitioner as in the First Information Report, the firearm is shown as: {{URDU TEXT}} and there is no mention of the exact firearm which has been used by all the brothers including the accused/Petitioner .
9. According to the medical report, there are four entry wounds have a single exit wound on the skull, causing fracture of skull bone and brain matter is laying outside alongwith the other entry wounds on are the right shoulder and left side of chest including abdomen of different sizes. It would be at best exhibitive when the Medical Officer is examined by the Trial Court with regard to the different sizes of the entry wounds, thereby the role of the Petitioner would fall like night and day dissimilar from the role given to Israil alias Minaj who has been entitled on bail by the above referred dictums of the Hon'ble High Court.
10. This is promptly lodged First Information Report keeping in the distance between the place of occurrence and the Police Station and at a place known as Casualty Hospital Tangi. The Petitioner has also remained in absconcion for more than a year and his brothers are also fugitive from law. Therefore, he does not deserve the concession of bail.
11. Hence, this petition stands dismissed.