2009 P Cr (PLP)

MUHAMMAD AHSAN BHOON, J.

The petitioners, namely Muhammad Luqman and Nosher, through this petition, seeks post-arrest bail in case F.I.R. No.254 dated 13-10-2007, offence under sections 324/337-F(5)/148/149, P.P.C. registered at Police Station, Sahianwala District Faisalabad.

2. Briefly allegation against the petitioners in the F.I.R. is that they both while armed with fire-arms along with four other persons came at the spot and Muhammad Luqman made fire shot which hit injured Monday Khan at his right lower part of the leg whereas second fire shot made by Nosher hit too, on the right leg.

3. The learned counsel for the petitioners contends that there is contradiction between the ocular account and medical evidence; that the injuries on the person of injured P.W. are on non-vital part of the body and application of section 324, P.P.C. requires further inquiry and that the case of the petitioners is at par with their co-accused Saeed etc. who have been allowed bail by this Court vide order, dated 23-4-2008 through Criminal Miscellaneous No.2689/B of 2008.

4. On the other hand, learned D.P.-G. assisted by the learned counsel for the complainant have opposed the prayer for grant of bail and argued that section 324, P.P.C. is fully applicable in the facts and circumstances of this case as both the petitioners attempted to commit murder of Monday Khan but fortunately he is alive. Further argued that the petitioner fractured leg of the injured due to the causing of injuries and the injured is unable to move till to date and trial has commenced, as charge has been framed. He relies on 2002 SCMR 1381.

5. After hearing the learned counsel for the parties and going through the record, I have found that prima facie ocular version given in the F.I.R. is contra to the medical evidence as there is only single entry wound on the right leg of injured Monday Khan, and it is yet to be determined after recording evidence by the learned trial Court that whose fire shot was effective out of two petitioners. Even otherwise the injury attributed to the petitioners is on non-vital part of the body of the injured and case of the petitioners is at par with his ca. accused Saeed, who has been allowed bail by this Court vide order, dated 23-4-2008. Although charge has been framed but not a single witness is recorded till date, and the petitioners are behind the bars for about nine months. The judgment relied upon by the learned counsel for the complainant is distinguishable from the facts and circumstances of the present case. Reliance can be had to PLD 2004 SC 477.

6. For what has been discussed above, this petition is allowed and petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.1,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-377/L Bail allowed.