1997 PLP 1882 (MLD)

‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail, grant of‑‑‑Firing in the F.I.R. was attributed to co‑accused and two unknown persons‑‑‑Accused was not nominated in the F.I.R.‑‑‑Complainant in his first two statements recorded under S.161, Cr.P.C. also did not involve the accused, but involved him in his third statement after having improved his version‑‑‑Guilt of accused in circumstances needed further probe‑‑‑Accused was allowed bail accordingly. Shaikh Mir Muhammad for Applicant. Habib Ahmad for the State. AMANULLAH ABBASI, J.‑‑‑The F.I.R. in this case was registered on 2‑12‑1995 for offence under section 324/34, Qisas and Diyat Ordinance. The complainant Qamar Khan has stated in the F.I.R. that he had married Mst. Abida Qamar about 12 years back and one Minhas Khan had developed illicit relations with his wife and was pressing the complainant to divorce his wife as he wanted to marry her. The complainant has further stated that on that day he had gone to one Javed Shaikh in Sector 35‑A, Zaman Town and after meeting with Javed Shaikh he was returning from Korangi No.2‑1/2 Double road with Muhammad Saleem, and Behroz Alam Hyderi when at about 6‑45 p.m. Minhas Khan alongwith two unknown persons came there chasing his car and hit his car. Accused Minhas Khan with intention to murder him fired 5 to 6 rounds from his T.T. pistol. Subsequently he checked his car and found three bullet marks. Learned Advocate for applicant has requested for bail on the ground that the name of applicant does not appear in the F.I.R. and it is Minhas Khan who is alleged to have fired. The applicant is brother of main accused Minhas Khan who was arrested on 15‑12‑1995. The applicant was arrested on 23‑12‑1995 at P.S. Learned Advocate for the applicant further submits that at the most it is a case of ineffective firing and nobody had suffered any injury although firing has not been attributed to the applicant. Learned State Counsel submits that complainant had made three 161, Cr.P.C. statements dated 2‑12‑1995, 15‑12‑1995 and 23‑12‑1995. In his statement dated 23‑12‑1995 the complainant has involved the applicant whereas it was not so in his previous two statements. In the F.I.R. firing is attributed to Minhas Khan and two unknown persons, name of the applicant does not appear in the F.I.R. In his 161, Cr.P.C statements dated 2‑12‑1995 and 15‑12‑1995 the complainant had not involved the applicant and he had improved his version in his statement dated 23‑12‑1995. Keeping all these facts into consideration, the matter requires further enquiry. We therefore, grant bail to the applicant subject to furnishing of surety in the sum of Rs.50,000 (rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of trial Court. N.H.Q./M‑63/K Bail granted.