2009 PLP 545 (YLR)

KHURSHID ANWAR BHINDER, J.

The petitioners seek post-arrest bail in case F.I.R No.248/2007 dated 2-7-2007 registered under sections 324, 148/149, P.P.C. at Police Station Satghar District Okara.

2. Precise allegations against the petitioners are that they while forming unlawful assembly had launched an attack on the complainant party resulting causing injuries to Shafqat and Bahadur Ali.

3. Learned counsel for the petitioners submits that it is a case of cross firing between the parties and two of the accomplices of the petitioners Muhammad Bashir and Aziz also suffered injuries during cross firing. Cross version of the petitioners was also recorded by the police and was investigated, therefore, it is yet to be determined as to which one was the aggressor party. He further submits that injury attributed to the petitioners is on the non-vital part of the body of the injured person, therefore, under the circumstances petitioner's case is clearly falling within the ambit of further inquiry into their guilt. In support of his arguments he has relied upon the cases reported as Saeed and another v. The State (2008 PCr.LJ 1139), Munir Ahmed and 10 others v. The State (2004 PCr.LJ 1766), Muhammad Mumtaz v. The State (2004 PCr.LJ 1875), Shabbir and another v. The State (1997 PCr.LJ 112).

4. Learned counsel for the complainant opposes bail application of the petitioners and submits that it is a daylight occurrence and there was no question of identification of the present petitioners who were fully identified and specific role has been assigned to them. He further submits that the petitioners are also nominated in the F.I.R. He "'further submits that the petitioners while sharing common intention and forming unlawful assembly had launched an attack on the complainant party resulting into causing injuries to Shafqat and Bahadur Ali, therefore they are not entitled to the concession of bail.

5. Learned D.P.-G. also opposes bail application of the petitioners and submits that one of the petitioners Muhammad Ashraf who has been nominated in the F.I.R is. found to be fully involved in the commission of offence as .12 bore gun was also recovered from him. As far as other petitioner Naseem Sadiq is concerned, no recovery has been effected from him, however, both the petitioners have been found guilty in police investigation, therefore, they are not entitled to be released on bail.

6. I have heard the learned counsel for the petitioners, learned counsel for the complainant as well as learned D.P.-G. and have also perused the record. There is no denying the fact that as per facts and circumstances of the case and available evidence, cross firing between the parties had taken place resulting into injuries on both the sides. Cross version of the petitioners was also recorded by the police and was investigated. Injuries attributed to the petitioners are on the non-vital part of the body of Shafqat and Bahadur Ali, whereas injury suffered by Bashir Ahmed from petitioner's side is on the vital part of the body, therefore, possibility of self-infliction is very remote. In such like situation when cross firing took place and both the parties suffered injuries case of the accused persons become that of further inquiry into their guilt and it is up to the trial Court to determine as to which one was the aggressor party. Reliance can be placed on Shoaib Mehmood Butt v. Iftikhar ul Haq and 3 others (1996 SCMR 1845) and Sardar Munir Ahmed Dogar v. The State (PLD 2004 SC 822). Moreover, no crime empties were recovered from the place of occurrence which is also serious lapse on the part of the prosecution as indiscriminate firing from both .the sides had taken place but no recovery of crime empties was effected from the place of occurrence, therefore, petitioners' case is that of further inquiry into their guilt. I, therefore, admit them to post-arrest bail subject to their furnishing bail bonds in the sum of Rs. 50,000 with two sureties in the like amount each to the satisfaction of the learned trial Court/Illaqa Magistrate. Petition stands disposed of. H.B.T./M-449/L Bail granted.