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1996 SCMR 1079

GUL QADEEM and anothers vs THE STATE

Citation1996 SCMR 1079
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 148 of 1994
Date1994-12-13
Judge(s)Saeeduzzaman Siddiqui, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

1. ' MUKHTAR AHMAD JUNEJO, J.---This petition seeks leave to appeal against an order dated 16-11- 1994 passed by a learned Single Judge of the Peshawar High Court dismissing petitioners' application for bail in the case of F.1 R. No,212 dated 14-6-1994 of Police Station Doaba, Kohat.

2. ' Allegation against the petitioners is that on 14-6-1994 at 10-30 a.m. They along with Sharif fired incessantly at pick-up No,1223-PRJ carrying complainant Abdul Waheed and P.W. Muhammad Haneef and Noor Manan going from Hang to Doab. As a result of the firing complainant Abdul Waheed and P.W. Muhammad Haneef received injuries. Such F.I.R. Was lodged by Abdul Waheed on the same date at 12-00 noon.

3. ' Earlier on the same day at 11-20 a.m. Mst. Noor. Sina lodged F.I.R: No,211 at the same police station alleging that she and Muhammad Sharif were fired at 10-30 a.m. On 14-6-1994 by Iqbal and Farooq at the instance of Mosam Khan. Sharif was said to have died due to the firing.

4. After hearing Sardar Muhammad Aslam, learned counsel for the petitioner, we grant leave to appeal to consider if case registered under F.I.R. No,212/94 can be considered to be counter to F.I.R.

5. No,211/94 and whether case of the petitioners is covered by the prohibition contained in section 497(1), Cr.P.C. And whether bail can be refused to the petitioners keeping in view the injuries sustained by Muhammad Haneef and Abdul Waheed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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