2025 PLP 390 (YLR)

Wiqar Ahmad, J.

Petitioner Ibrahim has filed instant bail petition, for his release on bail in case FIR No.695 dated 01.08.2024, registered under Sections 324/148/149/337-A(i)/333-F(iii), P.P.C., at Police Station Shergarh, District Mardan.

2. As per contents of report, complainant Adnan along with Atif Ahmad and Usama while coming on their motorcycle when they were signaled to stop by petitioner and co-accused Murad, Farhad, who also started beating the complainant party by giving them butt blows. During scuffle, accused allegedly started firing at complainant party, as a result of firing of petitioner, Usama was hit on right leg while from firing of Murad (co-accused), Atif Ahmad sustained injury on his left leg whereas complainant received injuries on his left eyebrow from butt blows of Farhad. On the report of complainant, present case was registered against all accused.

3. Arguments of learned counsel for petitioner heard. Complainant absent despite being informed through his mobile phone therefore learned AAG argued the case on behalf of State and available record perused.

4. Perusal of record reveals that five persons have been charged by complainant in the FIR for commission of offence, out of whom petitioner and co-accused Murad have been assigned role of causing firearm injuries to Usama and Atif Ahmad. Usama had sustained injuries on his right leg from alleged firing of petitioner, which is non-vital part of the body coupled with the fact that petitioner had not repeated fire shots, which shows that petitioner had no intention to kill the injured therefore mens rea of petitioner at the time of commission of offence could best be determined by learned trial Court after recording prosecution evidence. No crime weapon has been recovered from immediate possession of petitioner or at his instance and pointation.

5. Co-accused Murad to whom similar role of causing firearm injuries to Atif Ahmad on his left leg was attributed, has already been released on bail by learned Judicial Magistrate-III, Takht Bhai, Mardan vide order dated 27.08.2024, therefore, petitioner having been assigned identical role as that of co-accused, is also entitled to concession of bail on the plea of principle of consistency. There is nothing on record regarding previous conviction or involvement of petitioner in such like offences, who is behind the bars since his arrest and no more required to the investigation agency for further interrogation.

6. In light of what has been discussed above, instant bail petition was allowed vide my short order of even date, which is reproduced as under:- "For reasons to be recorded later, instant bail petition is allowed and petitioner Ibrahim is admitted to bail in case FIR No.695 dated 01.08.2024, registered under Section 324/148/149/337-A(i)/ 333-F(iii), P.P.C., at Police Station Shergarh, District Mardan, subject to furnishing bail bonds in the sum of Rs.400,000/- (Four lac) with two sureties each in the like amount to the satisfaction of learned Illaqa/Duty Judicial Magistrate/ trial Court concerned, who shall ensure that sureties are local, reliable and men of means." Above observations are based on tentative assessment of material available on record of the case, which shall not influence mind of learned trial Court in any manner at the time of trial. JK/144/P Petition allowed.