2011 P Cr (PLP)

CH. IFTIKHAR HUSSAIN, J.

Petitioner Babar Rasheed by way of the instant petition has prayed for post-arrest bail in case F.I.R. No.15 registered under sections 324/148/149, P.P.C. with police station Dinga, District Gujrat on 11-1-2011. It was on the statement of respondent No.2 Saqib Sohail-complainant.

2. He has alleged in the F.I.R. that on 11-1-2011 at about 3-30 p.m. he with a horse was going towards Dinga from his Haveli. He when reached near Zia-ul-Islam Academy, there with a grey colour Land Cruiser No.9910-FDR, 7/8 persons were standing in ambush. They had Dandas and firearms with them. They were Babar Rasheed armed with pistol, Sohail Rasheed with .30-bore pistol, Wacias with .222-bore, Yasir with pistol and four unknown persons having Dandas and firearms. They caught him and started beating him. In the meanwhile, Gulzar Ahmed and Naqash came there on a motorcycle. He in order to save himself ran towards the village. Accused Babar Rasheed and Sohail Rasheed with their pistols made straight fires on him in order to kill him. Two of these fires hit on his right shoulder. The accused, thereafter, while brandishing their weapons, went away towards Khorri Alam in the Land Cruiser. The incident had taken place on account of petty quarrel between him and the accused few months ago and the respectables of the village had patched up that matter.

3. After hearing the learned counsel for the parties and perusing the record, I find that the complainant in the F.I.R. has mentioned at two places that the accused have injured him. Firstly, it was attributed to all the accused that they have caught him and given hint beating. At the second place, he has attributed two fires to the petitioner and his brother-Sohail Rasheed hitting on his right shoulder. This would show that there is no specific attribution of any injury to the petitioner.

4. Besides than this, there is annexed to this petition, the Medico-Legal Report of injured complainant Saqib Sohail. The same shows that he had following injuries on his person: (i) A lacerated wound with inverted margins with blackening on both margins, with central hole, damaging skin and flesh layer also, site below the shoulder arm joint, back aspect size 5 x 2.5 cm. (ii) A tiny wound like mark with peripheral oedema on posterior aspect of (R) ankle outer side of (R) foot, sized 0.5 x 0.5 cm, with oedema an area about 2 x 3 cm.

5. These show that there was only one injury found on his shoulder and the other on the right ankle outer side of right foot. There, while, as said above, two fires have been shown to have hit him (complainant) on his right shoulder. There is no other injury except one mentioned above, on his shoulder. There is, thus, apparent inconsistency between the Medico-legal Report of the complainant and the narration of the incident, as mentioned in the F.I.R. It is well-settled proposition in criminal administration of justice that benefit of every doubt, even at bail stage, is to be given to the accused.

6. Besides than this, the learned Deputy Prosecutor-General has conceded that during the investigation, it has been found that he was not having any arm at the time of incident and this has so, been mentioned by Ansar Javed, S.-I./IO in case Diary No.9 recorded on 25-1-2011.

7. All these facts would certainly bring his case within the purview of subsection (2) of section 497, Cr.P.C. calling for further inquiry into his guilt.

8. He is stated to be behind the bars since 20-1-2011 and a previous non-convict.

9. In these circumstances of the case, I find that the case for his enlargement on bail has been made out.

10. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount' to the satisfaction of the learned trial Court.

11. However, it is hereby clarified that the above observations are tentative in nature and meant only for the disposal of the matter in hand. These shall have no bearing at all on anybody's cast at trial. N.H.Q./B-16/L Bail allowed.