2008 PLP 1942 (YLR)

KHURSHID ANWAR BHINDER, J.

The petitioner seeks post-arrest bail in case F.I.R. No.126 of 2007, dated 11-9-2007, registered under section 324, 337-F(iii), 337(A)(i), 337A(2), 148, 149, P.P.C. at Police Station Musa Khel, District Mianwali.

2. Brief facts of the case are that on 10-9-2007 at about 2-30 p.m. complainant, Muhammad Khan, along with his family and brother were present in the house when the petitioner and other co-accused armed with weapons entered their house. Muhammad Iqbal raised Lalkara to the effect that they will teach them lesson for insulting them and the petitioner resorted to fire with .12 bore gun which hit Sagheer Ahmed on his left flank. As a result Sagheer Ahmed fell on the ground and the other co-accused inflicted injuries on the rest of the inmates of the house.

3. Learned counsel for the petitioner submits that the petitioner was found innocent by the police. He has, therefore, relied upon Nazar Hussain Shah and another v. The State (2007 PCr.LJ 1274) which enumerates the fact that if police declares anybody innocent then bail should be granted as a matter of right. He further submits that the petitioner was found empty handed and no recovery was effected from him, therefore, this case is that of further inquiry into the guilt of the petitioner.

4. While opposing the bail application, complainant's counsel submits that the petitioner is named in the F.I.R. and specific role has been attributed to him. He further states that the petitioner hit shot with his gun on the vital part of the body of Sagheer Ahmed, who is still in the hospital and under treatment. The petitioner is held guilty by the police.

5. Learned D.P.G. has also opposed the bail application and submits that the fire-arm injury attributed to the petitioner was declared "Ghair Jafiah Hashimah" which is not a bailable offence. Medical evidence also corroborates the version of the F.I.R. During the investigation sections 452 and 337-F(5) were added in the F.I.R. He further submits that challan has also been submitted in the trial Court.

6. I have heard the learned counsel for the petitioner, learned counsel for the complainant as well as learned D.P.G. and have also perused the record. The petitioner is positively named in the F.I.R., with specific role and had fired shot on the vital part of the body of Sagheer Ahmed who is still under treatment and is hospitalized due to the said injury. The petitioner has of course been held guilty by the police. The medical evidence also corroborates the version narrated in the F.I.R. Moreover, fire-arm injury attributed to the petitioner has also been declared "Ghair Jaifah Hashimah" which is not a bailable offence. The challan has also been submitted in the trial Court.

7. For the forgoing reasons, I am not inclined in admitting the petitioner to post-arrest bail, at this stage, thus, the present petition stands dismissed. H.B.T./A-43/L Bail granted.