Ghani Khan vs The State and another

This matter arises from a petition seeking leave to appeal against the order of the Peshawar High Court, which had refused post-arrest bail to the petitioner in case FIR No. 1253 registered under Sections 324/34 of the Pakistan Penal Code at Police Station Chamkani. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the allegations and supporting medical evidence. The Supreme Court held that the petitioner was specifically named in the FIR with a definite role of firing at the complainant, which resulted in injuries supported by medical evidence, and that the alleged offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure. Consequently, the court dismissed the petition and refused leave to appeal. The key principle laid down is that an accused named in the FIR with a specific role of causing firearm injuries supported by medical evidence, where the offence falls within the prohibitory clause, is not entitled to post-arrest bail.