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Petitioner: NAWAB KHAN Alias NABI And Others VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Zaffar Hussain Mirza Title: NAWAB KHAN Alias NABI And Others vs The STATE Case No.: Criminal Petition for Leave to Appeal No. 54-R of 1986 Date of Judgment:1986-10-08 Reported As: 1987 SCMR 274 Result: Order accordingly
Judgment ORDER ZAFFAR HUSSAIN MIRZA, J.--We have heard the learned counsel for the petitioners and the learned counsel appearing for the State. It is admitted on behalf of the petitioners that in the prosecution evidence only Nawab Khan, Rahim Khan and Muhammad Aslam have been attributed injuries to the deceased. The rest of the accused are, therefore, entitled to bail as this Court has granted leave to appeal to re-examine their liability. The learned counsel for the State has opposed the grant of bail as the petitioners stand convicted on a capital charge. 2.After considering the argument of the learned counsel we find that out of the eight injured persons besides the deceased, five persons from the prosecution side had received one or more grievous injuries. These persons are Sher Baz P.W.14, Mir Baz P.W.11, Ghulam Haider (not produced) Fazal Hussain P.W.13 and Rehm Noor (not produced). 3. From the judgment of the High Court we find that the aforesaid five persons from the complainant side received injuries at the hands of one or more of the four accused, namely, Fazal Dad, Taj Muhammad Akhtar, Tariq Mahmood Akhtar and Atta Hussain. As grievous injuries are attributed to these accused in our opinion, they are not entitled to bail. Khalid Mahmood Akhtar has been attributed simple injuries with a blunt weapon to Mst. Karam Noor. 4. In the result the application for bail in regard to accused Tariq Mahmood Akhtar, Taj Mahmood Akhtar, Fazal Dad and Atta Hussain is rejected. The remaining accused, namely, Allah Dad, Muhammad Dilawar Khalid Mahmood, Ahmad Khan, Muhammad Riaz and Ghulam Muhammad are granted bail. Their sentences shall stand suspended and they shall be released on furnishing P.R. Bonds in the sum of Rs.25,000 with one surety in the like amount each to the satisfaction of District Magistrate, Chakwal.