2004 PLP 1910 (MLD)

Muhammad Riaz (petitioner No.1) had also filed application for bail but to his extent application was dismissed as withdrawn on 4-5-2004.

2. The brief facts of the case are that Ghulam Abbas, complainant submitted application before police on 7-10-2003 that on 6-10-2003 at about 8-00 p.m. Irshadullah son of Muzaffar and Muhammad Asif son of Sultan were present at the 'Dera' of Abdullah son of Hayat when Rahim Nawaz son of Muhammad Nawaz (petitioner) armed with rifle 222, Riaz son of Muhammad Bahsir armed with 7-MM rifle, Imdadullah son of Bashir Ahmad armed with rifle 222, Saif son of Shera and Zulfiqar Ali son of Naik Muhammad while armed with hatchets reached the spot. He further stated that Zulfiqar Ali and Saif raised 'Ialkara' whereupon Rahim Nawaz fired at Irshadullah which hit him on his left leg whereas Riaz fired at right leg of Asif Ali and his leg was fractured and Imdadullah fired at him with his rifle but the same did not hit him. He alongwith Jehangir and Abdullah reached the spot after hearing fire reports and on seeing them the accused fled away while firing in the air. They took the injured to Civil Hospital, Jalalpur Bhattian. On his application present case was registered against the petitioner and others. The petitioner was arrested on 24-10-2003. Hence this bail application.

3. I have heard the arguments and perused the record.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Further submits that injury attributed to the petitioner is not on the vital part of Irshadullah, P.W. And according to MLR injury is 'ghayr jaifah mutlahma', which falls under section 337(F)(iii), P.P.C. He contended that petitioner is in judicial lock-up since 24-10-2003 but trial has not commenced so far, therefore, he deserves concession of bail. He has relied upon the case of Muhammad Afsar v. The State (1994 SCMR 2051).

5. On the other hand learned counsel for the State as well as complainant have opposed this bail application on the grounds that petitioner is named in the F.I.R., that F.I.R. Was lodged promptly; that specific role has been attributed to petitioner and that a gun was recovered from him during investigation.

6. I have considered the submissions made by the learned counsel for the parties with care. As mentioned above, the allegation against the petitioner is that he caused injury on the lower part of left leg of Irshadullah, P.W. And Medical Officer declared the same as 'ghayr jaifah mutlahma' which is punishable under section 337-F(iii), P.P.C. The petitioner is in judicial lock-up since 24-10-2003 and according to learned counsel for the petitioner trial has not commenced so far. As stated earlier injury is on lower part of left leg of Irshadullah, P.W. In these circumstances I find it a fit case for grant of bail to petitioner. As such application brought by Amin Nawaz alias Rahim Nawaz, petitioner is accepted and he is allowed bail (in case F.I.R. No.327 of 2003 under sections 324, 109, 148/149, P.P.C. Registered at Police Station Jalalpur Bhattian, District Hafizabad, subject to furnishing bail bonds in the sum of Rs.80,000 with two sureties each in the like amount to the satisfaction of trial Court. H.B.T./R-84/L Bail granted.