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Petitioner: Noor Wali and another VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel Title: Noor Wali and another vs The State and another Case No.: Criminal Petition Nos. 1612 of 2021 Date of Judgment:2022-02-16 Reported As: 2022 SCP 38, 2022 SCMR 1153, 2022 PSC (Crl.) 196 Result: Bail refused
Judgment ORDER Qazi Muhammad Amin Ahmed, J. A contingent of Pakistan Customs, on a tip off, signaled a Lahore bound bus to halt at the check post within the precinc ts of Police Station Chamkani Peshawar; it was being escorted by the assailants riding on two vehicles; they ran over the contingent as a result whereof Mian Irfan Ullah, 27, sustained serious injuries, subsequently proved fatal. The assailants took to the heels, however , the petitioners were apprehended by a police party arrived at the scene pursuant to information; they have been denied bail, lastly by a learned Judge-in-Chamber of the Peshawar High Court Peshawar vide impugned order dated 13.12.2021, leave to appeal wherefrom is being prayed for on a variety of grounds. 2. Heard. Record perused. 3. We are not impressed by the argume nt that Irfan Ullah Constable was accidently run over by the speeding vehicle as the Custom Authorities in anticipation to arrival of the said vehicle with smuggled contraband on board had set up a blockade, calculatedly breached by the petitioners by running over a State functionary , standing in the line of duty, a criminal transgression with consequences most serious. The smugg led items, taken into possession in the wake of gory incident, in retrospe ct, lends credible support to the prosecution case, set up in the crime report. Material collected by the prosecu tion constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Prosecution, 1898 standing insurmountably in imped iment to their release on bail, in the absence of any consideration calling for further probe. View concurrently taken by the Courts below being well within remit of law calls for no interference. Petition fails. Leave declined.