Law: Pakistan Penal Code (PPC),1860

Section: 302, 324, 34

Law: Code of Criminal Procedure, 1898

Section: 497

Summary The petitioner, Shareef, sought post-arrest bail in FIR No. 394/2025 registered under Sections 302, 324, and 34 PPC at Police Station Badaber. The prosecution alleged that the petitioner, along with two co-accused, attacked the complainant and his father with firearms following a dispute over a dog fight. Although the fatal shots were allegedly fired by the co-accused, the petitioner was specifically accused of firing at the complainant, causing firearm injuries to both thighs. The High Court held that the petitioner's active participation in the occurrence, the recovery of multiple crime empties, forensic evidence, and the application of the doctrine of common intention under Section 34 PPC constituted sufficient material to establish reasonable grounds connecting him with the offence. The Court further noted that the petitioner had remained an absconder for about six months, which disentitled him to the concession of bail. Since the case involved a prohibitory clause offence and no ground for further inquiry existed, the Court dismissed the bail application while clarifying that its observations were tentative and would not affect the trial. Tagline An accused actively participating in a murder occurrence is not entitled to bail merely because the fatal shot was fired by a co-accused where common intention under Section 34 PPC is prima facie established. ORDER; FARAH JAMSHED, J.-          Petitioner    Shareef, has approached this court for his release on bail in case FIR No.394/25 dated 22.03.2025, registered under sections 302/324/34 PPC at Police Station Badaber. Briefly stated, the prosecution case, as set out in the FIR, is that on 22.03.2025, the local police of Police Station Badaber, upon receiving information about the occurrence, reached LRH, Peshawar, where the complainant, Huzaifa son of Kiramat Khan, while in an injured condition, reported that on the night of occurrence he, along with his father Kiramat Ullah and cousin Muhammad Awais, was present at the place of occurrence. In the meanwhile, the present petitioner along with co-accused Mujahid alias Soor and…