1997 P Cr (PLP)

A case under section 324/337-A(i)/337-F(i)/337-D/148/149, P.P.C. is registered against the petitioners and others vide F.I.R. No. 82/96, dated 3-5-1996 at Police Station Shujabad, District Multan.

2. According to the F.I.R. Yaseen and Qadir Bakhsh petitioners while armed with pistols respectively fired at Muhammad Hanif son of Allah Wasaya, thereby, causing the following injuries on the person of the aforesaid victim:-- (1) A fire-arm entry wound, measuring 1.7 x 2 c.m. with inverted margins 6 c.m. to the right of the umbilicus. The omentum coming out of the wound. (2) A fire-arm entry wound measuring 1.5 x 1 c.m. on the right side of abdomen. Inverted margin, 7 c.m. from the umbilicus, a bullet recovered from the wound, bleeding present, corresponding holes in the shirt present and stained with blood. Injury No.l was found .to be dangerous to life. The emergency treatment was given to the patient who was in shock suffering from profuse cold sweating and cold extremities.

3. It is obvious from the injuries that the vital part of the body of the victim such as abdomen was seriously injured due to the firing made by the petitioners from their respective pistols.

4. Learned counsel for the petitioners prayed for bail on the ground that the petitioner's side was in lawful possession of the land mentioned in the F.I.R. but the complainants' side forcibly wanted to dispossess them whereupon the occurrence took place. In this regard, it was further contended that three persons from the petitioner's side were also injured out of which one was their sister Rahim Khatoon and others were Rahim Bakhsh and Qadir Bakhsh. A counter F.I.R. No.145 was also registered for the same occurrence on 25-7-1996. It was, therefore, contended that the complainant side was aggressor and as such, it was a case of further inquiry so as to entitle the petitioners to concession of bail.

5. Learned State Counsel, however, contended that the counter-F.I.R. was registered with the delay of about 2-1/2 months which showed that a false case was fabricated to strengthen the defence plea which was nothing but an afterthought.

6. I have considered the contentions, raised from both the sides. It is not desirable to enter into the deeper appreciation about the merits of the case at this stage lest it may prejudice the trial. The facts apparent from the record reveal that both the petitioners fired at the victim from their respective pistols thereby causing him grievous injuries on the vital part of his body such as abdomen. At this stage, it cannot be said that there are no reasonable grounds to believe that the offence committed by the petitioners does not fall within the prohibitory clause of section 497, Cr.P.C. As such, there is no case for bail at this stage. The petition is accordingly dismissed. N.H.Q./Y-5/L Bail refused