2002 PLP 695 (YLR)

‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), Ss.324/148/149‑‑‑Bail, grant of‑‑‑Accused had been attributed a fire‑arm injury on the abdomen of a prosecution witness‑‑‑Medical evidence did not support allegations against the accused inasmuch as the fire‑arm wound attributed to the accused had been described as an exit wound in the medico‑legal certificate‑‑‑Some of the Investigating Officers had found the accused innocent‑‑‑Challan in the case having already been submitted, case of the accused called for further inquiry‑‑ Accused was granted bail in circumstances. Rana Muhammad Arif for Petitioners. Abaid Ullah Malik for the State. At the outset the learned counsel for the petitioners has stated that he does not press the present petition for the time being to the extent of Muhammad Mansha petitioner No.

1. This petition is, therefore, dismissed having not been pressed at this stage to the extent of Muhammad Mansha petitioner No. 1.

2. Through this petition Muhammad Ashfaq petitioner has sought post‑arrest bail in case F.I.R. No.154 registered at Police Station Faizabad, District Sheikhupura on 6‑8‑2001 for offences under sections 324/148/149, P.P.C.

3. After hearing the learned counsel for the parties and going through the record it has been noticed that according to the F. I. R. Muhammad Ashfaq petitioner stands saddled with the responsibility of causing a fire‑arm injury on the abdomen of Muhammad Aslam P.W. The medical evidence, however, does not provide support to the said allegation against Muhammad Ashfaq petitioner inasmuch as the fire‑arm injury depicted by the medico‑legal certificate on the abdomen of Muhammad Aslam P.W. has been describes by the doctor to be an exit wound. It is also available on the record that many investigations have been conducted in this case and some of the Investigating Officers had found Muhammad Ashfaq petitioner to be innocent. The challan in this case has already been submitted after completion of investigation and, thus, continued physical custody of this petitioner is no longer required for the purposes of investigation.

4. For what has been discussed above the case against Muhammad Ashfaq petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore allowed to the extent of Muhammad Ashfaq petitioner and he is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. S.M.A./M‑1406/L Bail allowed.