1983 P Cr (PLP)

Mian Qurban Sadiq Aram for Petitioner. Hamid Ullah for the Complainant. Muhammad Abul Fazal for the State. Date of hearing : 8th August, 1982. The record of investigation brought by the aforementioned Police Officer has been perused and considered.

2. The petitioners are involved in a case punishable under section 307/34, P. P. C. The case against them arises out of F. I. R. No. 56 dated 29th March, 1982 lodged at P. S. Sadar, Mianwali by Ghulam Yasin complainant, The petitioners are alleged to have attempted the murder or Muhammad Ishaque brother of the complainant at about 8-00 a. m. on 29th March, 1982 in front of the house of the said Muhammad Ishaque by firing at him with a .12 bore gun and a .11bore pistol. Muhammad Arif petitioner was allegedly armed with -12 bore gun while Sher Muhammad was allegedly armed with 12 bore pistol. The pellets of the shots thus fired by the petitioners caused injuries to Muhammad Ishaque at his chest, right fore-arm and left thigh. It is averred in the F. I. R. that Muhammad Ishaque also fired ineffectively at the assailants in his self-defence. The occurrence was allegedly witnessed by the complainant and Abdul Latif.

3. As a result of medical examination, a circular wound and a bruise both caused by fire-arm were found on the right chest of Muhammad Yasin while one bruise was noticed on his right fore-arm and a small bruise was observed on his left thigh at the time of medical examination.

4. It is contended on behalf of the petitioners that as per medical report all injuries on the person of Muhammad Ishaque have been found to be simple. He also fired at the petitioners with a fire-arm and, therefore, it is a case of further enquiry. It is next contended that as a result of Police investigation. Sher Muhammad petitioner was not armed with any weapon at the time .of occurrence and that the petitioners were in detention for the last 4/5 months.

5. As already observed, the occurrence has admittedly taken place in front of the door of the house of Muhammad Isbaque. It cannot, therefore, be said that he might also be an aggressor. Fire-arm injuries have been found as a result of medical examination on the vital parts of A the body of the said Muhammad Ishaque, It. however, transpires from the report submitted under section 173, Cr. P. C. that Muhammad Arit was not armed with any weapon at the time of occurrence and no recovery has been made from him, although weapon of offence has been recovered from Sher Muhammad.

6. In the above circumstances, without expressing my opinion about B the merits of the case, I sadmit Arif petitioner to bail in the sum of Rs. 20,000 (Rs. twenty thousands only) with one surety in the like amount to the satisfaction of A. C. Mianwali, but the plea for bail of Sher Muhammad petitioner is declined. ??????????????????????????????????????????????????????????????????????????????????????????????????????????? Order accordingly