GUL QADEEM and anothers vs THE STATE
This petition for leave to appeal challenges an order of the Peshawar High Court which dismissed the petitioners' application for bail in a criminal case registered under F.I.R. No. 212/94 at Police Station Doaba, Kohat. The petitioners were accused of firing at a vehicle, causing injuries to the complainant and a prosecution witness. The defense argued that this incident was connected to an earlier F.I.R. No. 211/94, which involved a cross-version of events where a death occurred. The Supreme Court granted leave to appeal to determine whether the two F.I.R.s constitute counter-versions of the same occurrence. Furthermore, the Court sought to examine whether the petitioners' case falls under the prohibitory clause of Section 497, Code of Criminal Procedure 1898, specifically considering the nature of the injuries sustained by the victims and whether bail should be refused in such circumstances. The Court's decision to grant leave indicates a necessity to resolve the legal implications of cross-F.I.R.s and the applicability of bail restrictions in cases involving multiple versions of a single criminal incident.
- Can a case registered under a subsequent F.I.R. be considered a counter-version to an earlier F.I.R. involving the same incident?
- Does the existence of a cross-version of a criminal incident affect the applicability of the prohibitory clause in Section 497 of the Code of Criminal Procedure 1898?
- Should bail be refused to petitioners when the injuries sustained by the complainants are a central factor in the criminal allegation?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' MUKHTAR AHMAD JUNEJO, J.---This petition seeks leave to appeal against an order dated 16-11- 1994 passed by a learned Single Judge of the Peshawar High Court dismissing petitioners' application for bail in the case of F.1 R. No,212 dated 14-6-1994 of Police Station Doaba, Kohat.
2. ' Allegation against the petitioners is that on 14-6-1994 at 10-30 a.m. They along with Sharif fired incessantly at pick-up No,1223-PRJ carrying complainant Abdul Waheed and P.W. Muhammad Haneef and Noor Manan going from Hang to Doab. As a result of the firing complainant Abdul Waheed and P.W. Muhammad Haneef received injuries. Such F.I.R. Was lodged by Abdul Waheed on the same date at 12-00 noon.
3. ' Earlier on the same day at 11-20 a.m. Mst. Noor. Sina lodged F.I.R: No,211 at the same police station alleging that she and Muhammad Sharif were fired at 10-30 a.m. On 14-6-1994 by Iqbal and Farooq at the instance of Mosam Khan. Sharif was said to have died due to the firing.
4. After hearing Sardar Muhammad Aslam, learned counsel for the petitioner, we grant leave to appeal to consider if case registered under F.I.R. No,212/94 can be considered to be counter to F.I.R.
5. No,211/94 and whether case of the petitioners is covered by the prohibition contained in section 497(1), Cr.P.C. And whether bail can be refused to the petitioners keeping in view the injuries sustained by Muhammad Haneef and Abdul Waheed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.