Law:

Section:

THIS JUDGMENT DELIVERED BY: DOST MUHAMMAD KHAN, JUSTICE:---.--- Petitioners (i) Awal Khan (ii) Shahid Khan (sons of Maula Dad Khan), (iii) Jahangir (iv) Munawar Khan (v) Sadaqat Khan (vi) Kaleem Ullah (sons of Awal Khan) (vii) Khalid Khan and (viii) Sahukat Khan (sons of Shadi Khan), seek leave to appeal against the judgment/order dated 28.10.2016 rendered by the learned Single Judge of the Peshawar High Court, Bannu Bench, Bannu where prayer for bail of the petitioners was dismissed. We have heard learned ASCs for the petitioners, for the complainant and for the State and have gone through the record and also put questions to the investigating officer, present in Court. 2. According to Crime No. 437, registered by PS Lakki Marwat on 06.10.2016, the occurrence allegedly took place at 15:30 hours which was reported by Muhammad Amin Khan, complainant to ASI attached to the Causality Room of City Hospital Lakki Marwat at 16:00 hours, to the effect that on the fateful day he along with his son Momin, nephew Parvaiz Khan end brother in law Hameed Ullah Khan was present in their house and were celebrating Eid when at about 15:20 hours from the neighboring house of Awal Khan rock pieces were thrown to his house and because of that they came out to the street and called Awal Khan as to why they were doing so and what was their sin. Saying this, it is further alleged, that Awal Khan and the other co-accused, now petitioners along with an unknown accused came out from their house and all the nine accused armed with Kalashnikovs simultaneously fired at them. The complainant was not hit, however his son Momin Khan, nephew Parvaiz Khan and his wife's brother Hameed Ullah were hit with the shots and were grievously injured. After the occurrence, the accused fled away. 3. Although crime empties of different bore were recovered from the spot, however, no crime weapon was recovered from any of the petitioners. 4. Injured Parvaiz Khan succumbed to the injuries in DHQ hospital Bannu where, he was referred. The MLR, available on record, shows that the deceased had sustained one firearm entry wound (1/4" x 1/4") on right lumber back while exit was found in mid abdomen measuring 1"…

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