1. ' MUKHTAR AHMED JUNEJO, J.---Petitioner Mehboob Shah seeks leave to appeal against an order dated 27-10-1994 passed by a learned Single Judge of the Peshawar High Court, dismissing bail prayer of the petitioner in a case which is outcome of F.I.R. No,294 dated 29-7-1992 of Police Station Chamkani.
2. ' Allegation against the petitioner is that on 29-7-1992 at 4-45 p.m. He in company of the co- accused fired with Klashnikov at complainant Ramzan Shah, deceased Qaseem Shah, and P.Ws.
3. Abdul Ghafoor and Rehmat Shah. In the result Qaseem Shah received injury over his abdomen and died at the spot.
4. ' Earlier on 4-11-1992 petitioner Mehboob Shah was granted bail by Magistrate of Peshawar on the ground that he was serving as Prosecuting Inspector, Anti-Corruption Establishment and his application for bail was arguable. Said order was set aside by the learned Additional Sessions Judge, Peshawar, who cancelled the bail granted to the petitioner and gave a warning to the Magistrate who granted the bail to be careful in future. Said order of the Additional Sessions Judge dated 20-1-1993 was challenged in the Peshawar High Court, which under the impugned order dismissed the application. Hence this petition.
5. ' Mr. S. Safdar Hussain, learned counsel for the petitioner argued that cancellation of bail could not have been ordered by the Additional Sessions Judge in the circumstances of this case where the case was investigated by three different agencies and the petitioner was found to be innocent and his name was put in Column No,2 of the challan. It was next argued that co-accused Faizullah Shah has been released on bail.
6. The perusal of the F.I.R shows that name of the petitioner appears in it and he has been assigned specific role unlike the co-accused who were mentioned in general terms to have fired at the complainant party. The case of co-accused Faizullah Shah is not identical to case against the petitioner and hence release of Faizullah Shah is of no consequence. Moreover the High Court, while refusing bail to the petitioner, has given direction to the trial Court to conclude the trial within a specified period and the petitioner has been permitted to repeat his application for bail if the trial is not concluded within the stipulated period. The alleged offence is punishable with death or imprisonment for life.
7. ' We, therefore decline to grant leave to appeal and dismiss this petition.