2008 PLP 703 (YLR)

IJAZ AHMAD CHAUDHRY, J.

Through this application under section 497, Cr. P. C. Ameer Sultan, petitioner seeks post arrest bail in a case F.I.R. No.5 of 2006, dated 14-1-2006 registered under section 324/34, P.P.C. at Police Station Noshera, District Khushab on the statement of Noor Muhammad, the complainant.

2. The brief allegation against the petitioner is that on 22-11-2005 at about 3-00 p.m. he while armed with rifle .222 bore in the company of other accused in furtherance of their common intention launched a murderous assault upon the complainant Noor Muhammad, who luckily saved while taking refuge in the house of some unknown person. The motive behind the occurrence is alleged to be previous enmity of murder case between the parties.

3. The learned counsel for the petitioner has contended that only ineffective firing has been attributed to the petitioner that story of the prosecution is not believable as three accused persons while armed with fire-arms were alleged to have made straight firing but none of the fire hit the victim/complainant, who got registered the F.I..R. falsely due to previous enmity and that the case of the petitioner is of further inquiry, who is entitled to be released on bail.

4. The learned Additional Prosecutor General has opposed the bail petition on the ground that the petitioner is named in the F.I.R. with specific role of making firing along with the co-accused and the recovery of alleged weapon has been effected from him that the petitioner is previously involved in criminal cases of such like nature and he is not entitled to be released on bail.

5. I have heard the learned counsel for the parties and also perused the record with due care and caution.

6. The only allegation of ineffective firing upon the complainant has been levelled against the petitioner along with co-accused but admittedly no injury was received by him. The story narrated in the F.I.R. by the prosecution appears to be doubtful and the chances of false involvement of the petitioner in the present case by the complainant with mala fide intention and ulterior motive due to the previous enmity cannot be ruled out. Whether the petitioner had actively participated in the occurrence is a question, which will be resolved by the learned trial Court after recording the evidence and for the time being the petitioner has succeeded in making out a case of further inquiry covered by section 497(2), Cr.P.C. For the foregoing reasons, the instant application is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./A-226/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.