2010 PLP 1513 (YLR)

SYED ZULFIQAR ALI BOKHARI, J.

This is petition for grant of post arrest bail in case F.I.R. No.500 dated 1-12-2008 registered under section 324/34, P.P.C. at Police Station City Gojra.

2. The allegation against the petitioner is that he fired with .12 bore gun which hit on left leg of Mazhar Hussain.

3. Learned counsel for the petitioner submits that occurrence was taken place on 29-11-2008 but the case was registered on 1-12-2008 with the delay of almost three days. Police found the place of occurrence outside house of the petitioner and not near Fatima Public School. He submits that in fact the complainant party attacked on the house of the petitioner where mother of the petitioner was injured. Her medico legal report is available on the file and emergency call on rescue 15 was also made by Nasir, co-accused and police came at the spot. A cross version was also put by the accused the same was not entertained by the police. Thereafter on the order of learned Justice of Peace on 16-12-2008 cross version was recorded but being unsatisfied with the conduct of the police a private complaint has been filed in which the complainant party has been summoned by the trial Court. Learned counsel for the petitioner submits that injury attributed to the petitioner falls under section 337-F(ii) P.P.C. which does not fall within the prohibitory clause of section 497, Cr.P.C. The petitioner is previous non-convict. Learned counsel for the petitioner has relied on 2009 YLR 545 and 2007 YLR 3084.

4. On the other hand learned DPG with the assistance of learned counsel for the complainant opposed grant of bail to the petitioner on the ground that he is nominated in the F.I.R. with specific role. He fired on Mazhar Hussain which hit him on upper side of thigh. Finding of police is not binding on the Court. He submits that even summoning of accused by the trial Court in a private complainant filed by the accused persons is not a good ground for grant of bail to the petitioner. He submits that section 324, P.P.C. fully attracts to the facts of the case.

5. I have heard learned counsel for the parties and perused the record.

6. Case was registered with an unexplained delay of three days. According to the F.I.R. occurrence was taken place near Fatima Public School but during investigation it was found that the occurrence was taken place in front of house of the house. Cross version put by the accused was registered. The private complaint filed by the accused persons is also pending in which complainant party has been summoned. Medico legal report of Mst. Hanifan mother of the petitioner is also available on the file. This is a case of two stories. Injury attributed to the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. Injury attributed to the petitioner is on the non-vital part of the body of the injured which was not repeated. It will be determined by the trial Court after recording of evidence that whether the petitioner fired at injured Mazhar Hussain with intention to kill him or not. The petitioner is previous non-convict. Case of the petitioner is that of further inquiry.

7. For what has been discussed above, this petition is allowed. Petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000. (Rupees one lac only) with one surety in the like amount to the satisfaction of trial Court. H.B.T./T-14/L Bail granted.