Mst. Asia Qaseem and others vs Alamzeb and another

ORDER

SARDAR TARIQ MASOOD, J.---The legal heirs of the deceased persons filed this petition against the impugned judgment of the Peshawar High Court, Peshawar through which post-arrest bail was granted to Respondent No.1 Alamzeb vide judgment dated 20.07.2020 in case FIR No.41 1 dated 10.5.2020 registered under sections 302/148/149 of the Pakistan Penal Code ( P.P.C.) read with section 15AA at Police Station MPS Sadar , Mardan.

2. The brief facts of the case are that police officials on hearing the reports of fire shots rushed to the spot and found the respondent No. 1, Faiz Ali Shah, Rahim Ullah and Inam Ullah while armed with different weapons and also found three dead-bodies of Murtaz a Khan, Muhammad Qaseem and Yaseen. All the four accused were apprehended then and there whereas two of them were succeeded in running away .

3. After hearing the learned counsel for the parties and having gone through the impugned judgment we found that mainly three grounds prevailed the learned Judge of the Peshawar High Court while granting the bail. Firstly , the learned Judge observed that six persons were charged for commission of offence but the deceased have only two entry wounds which is factually incorrect as deceased persons received more than two injuries which commensurate with the number of the accused. The other ground which prevailed the High Court was that although arms and ammunitions were recovered from the accused and the same were not sent to the Forensic Science Laboratory (`FSL') hence the recovery lost its relevance. This observation of the High Court is also against the record as empties were sent to the FSL whereas the recovered weapons from the respondent and other accused persons were also sent there and report of FSL reveals that some of the empties recovered from the spot were found to have been fired from the weapons recovered from the respondent Alam Zeb and other co-accused Faiz Ali Shah and Rahim Ullah. So far the ground regarding the statement of the petitioner under section 164 of the Code of Criminal Procedure is concerned she had also involved some other accused but had not exonerated the respondent and others who were apprehended at the spot red-handed. So the grounds on which the bail was granted to the respondent No. 1 was not borne out from the record and the material available on the record was not seen by the learned Judge of the High Court in true prospective. Although, strong reasons are required for cancellation of bail but we observe that the bail granting order is against the record and perverse hence liable to be set aside. Consequently , this petition is converted into appeal and the same is allowed. The bail granting order dated 20.07.2020 is set aside and bail granted to the respondent No. 1 Alamzeb is hereby cancelled. He is present in the court. The Investigating Of ficer is directed to take him into custody .