MIR AHMAD GUL Versus STATE

ORDER

MIR HAZAR KHAN KHOSO, J.--- The petitioners, Mir Ahmed Gut, Haji Muhammad Gut and Riqab Gut, vide F.I.R. No.324, dated 19-7-1994 registered at Police Station Mathani, were charged for offence under section 337-F (ii), P.P.C. as amended by Qisas and Diyat Ordinance. They were granted bail by the learned Magistrate First, Class, Peshawar, on 22-8-1994 . The learned Additional Sessions Judge-III, Peshawar, on 20-11-1994 cancelled their bail and remanded them to custody. Application moved on their behalf for grant of bail was rejected by the Peshawar High Court, Peshawar, on 26-12-1994. The petitioners have challenged the above said order of the High Court before this Court.

2. We have heard Mr. Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record, for the petitioners and Mr. Fateh Muhammad, Advocate Supreme Court for the State .

3. The learned counsel for the petitioners contended that the High Court had committed an error by saying that the offences committed by the petitioners carry punishment extending to ten years' imprisonment. This position was disputed by the learned State Counsel saying that the offence at the most falls under section 337-E (iii), P.P.C., which carries sentence up to seven years. We have perused the F.I.R. lodged by Adil Shah at Police Station Mathani. The charge levelled against the petitioners is under sections 337-F (ii)/34 of Qisas and Diyat Ordinance, 1990. The maximum sentence provided for the offence extends to three years. The maximum sentence for offence under section 337-F (iii) is also three years. While going through the medical report we feel that the alleged offence falls under the term "Ghayr-Jaifah". None of the offences falling under section 337-F of the Qisas and Diyat Ordinance carries sentence more than

N.H.Q./A.1269/S Bail granted.