1999 PLP 708 (MLD)

Muhammad Aslam Mohal for Petitioner. Mian Bilal Hassan for the State. A case under section 506/337-H(ii)/34, P.P.C., is registered against the petitioner and another vide F.I.R. 'No.347 of 1997 dated 21-11-1997 at Police Station Sadar Sangla Hill, District Sheikhupura on the ground that he alongwith Ashiq made ineffective firing upon the complainant and Shabbir Ahmad while they were proceeding on a motor-cycle driven by the latter. The complainant was seated on the rear seat. The firing attracted the villagers who came out from their houses, whereupon, the assailants made their escape good after holding threats and giving abuses to the complainant. The motive is that two criminal cases were registered against the assailants from the complainant side and on that account, they wanted to kill the complainant.

2. Learned counsel for the petitioner has submitted that the petitioner has been implicated falsely in this case on account of enmity; that one of the accused namely Ashiq with similar role has already been admitted to bail by the learned trial Court and that case of the petitioner is not distinguishable from that of the petitioner; lastly it is submitted that the P.W. Shabbir Hussain who was driving the motor-cycle has sworn affidavit saying therein that Shaukat Ali i.e. present petitioner was not present at the place of occurrence. As such, it is alleged that the case against the petitioner is that of further enquiry. 3, Learned state counsel has opposed the bail application on the ground that the petitioner was armed with 7 MM rifle, a deadly weapon and has made firing, though it did not hit anybody and the weapon of offence was allegedly recovered from him in presence of the police officials. Further, contended that there are three criminal cases of similar nature against the petitioner, hence he is not entitled to bail.

4. Learned counsel for the petitioner has further submitted that the recovery of weapon of offence ix; 7 MM Rifle was effected in violation of section 103, Cr.P.C and that the petitioner has already been admitted to bail in IA all the three criminal cases mentioned above.

5. In view of the foregoing situation and since one of the eye-witnesses Shabbir Hussain has sworn affidavit that the petitioner was not present at the site nor anybody was injured during the transaction as per contents of the F.I.R. itself, therefore, the petitioner has a case of further enquiry. I allow the petition and the petitioner is admitted to bail in the sum of Rs.30,000 with a surety in the like amount to the satisfaction of the trial Court. Petition is accordingly, disposed of. N.H.Q/S.212/L/ Bail allowed,