Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 324,34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----Ss. 497(1), third proviso, 497(2)---Penal Code (XLV of 1860), Ss. 324, 34---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd, common intention---Bail, grant of---Delay in conclusion of trial---Further inquiry---Cross-version FIRs---As per the contents of the crime report, the allegation against the accused persons was that they while armed with firearms launched a murderous assault on the complainant party and made fire shots, which hit the complainant and the witness Mashal Khan on left rib and left knee respectively---However, it was stance of the accused persons that in-fact the complainant party was aggressor and committed murder of two persons from accuseds side---One of the accused had also got registered an FIR under sections 302, 324, 34, P.P.C. against the complainant party---In the present case only a general role had been ascribed to the accused persons and no details had been given as to which accused fired at which injured---Admittedly, the accused persons did not repeat the fire, which prima facie showed that they had no intention to kill the victims---Accused persons were behind the bars and despite lapse of more than 22 months, the conclusion of trial was not insight in near future---Such delay was not attributable to the accused persons, as admitted by the prosecution---Co-accused, who was ascribed a role similar to that of accused persons, had been granted post-arrest bail by the Supreme Court, therefore, the accused persons were entitled for the concession of post-arrest bail on such score alone---Case of the accused persons squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into their guilt---Petition for leave to appeal was converted into appeal and allowed, and accused persons were admitted to bail. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have assailed the judgment dated 14.11.2022 passed by the learned Single Judge of the Peshawar High Court, Bannu Bench, with a prayer to grant post-arrest bail on statutory ground…

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