2014 PLP 1155 (YLR)

MAZHAR IQBAL SIDHU, J.

Murder of Shaukat Ali was reported by Liaqat Ali against the petitioner and three others namely Riasat Ali, Shaukat Ali and Sajid Ali through fire shot injuries.

2. Petitioner has been specifically attributed an injury by making a fire shot hitting on the left side of chest of deceased.

3. Postmortem report shows 14 injuries on the body of the deceased whereas all co-accused have also been attributed specific injuries.

4. Learned counsel for the petitioner has argued that in partway investigation, the petitioner has been found innocent; no weapon of offence has been recovered from him; the complainant being dissatisfied with the outcome of investigation, instituted a private criminal complaint against the petitioner and the particeps criminis on 13-4-2013 wherein the complainant has mentioned that the petitioner caused an injury with .30-bore pistol on the right side of the chest of the deceased, in this way, as to seat of injury, the prosecution case appears to be diverse and now the trial has commenced in the private criminal complaint case, therefore, relying upon Muhammad Muddasar v. The State (2011 SCMR 1513), acceptance of instant petition has been solicited.

5. Learned D.P.G. assisted by the learned counsel for the complainant has phlegmatically but deftly opposed the submissions on the grounds that the petitioner has been nominated in promptly lodged F.I.R. attributing specific injury on the body of the deceased being borne out from the postmortem report, police opinion does not find the Court to accept it but does not base on tangible material; in the complaint case, the petitioner has been summoned; so far as doubt as to seat of injury attributed to the petitioner is concerned, may not be taken into account while deciding the instant petition and has, thus, prayed for dismissal of appeal.

6. Arguments heard intently. Record has been perused.

7. As per F.I.R., without specifying any weapon having been held by the petitioner, he has been attributed a fire shot injury hitting on the left side of the chest of deceased Shaukat Ali. The eye-witnesses in their statements recorded under section 161, Cr.P.C. have stated that the injury was caused on the right side of deceased by the petitioner. On account of his innocence, being opinionated by the police, private complaint was instituted in which the seat of injury mentioned in the F.I.R. has not been found mentioned rather it has been alleged that the petitioner made a 30-bore pistol fire shot hitting on the left side of chest of the deceased. Without any fear of contradiction, it has been concluded that the prosecution case appears to be diverse as to seat of injury allegedly attributed to the petitioner. He has been found innocent by the Investigating Officer. No weapon of offence has been recovered from him, therefore, all these circumstances, prima facie, make out a case for grant of bail in favour of the petitioner on the basis of principle of further inquiry.

8. In view of this, instant petition is allowed and the petitioner is granted bail provided his furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lac only) with two sureties each in the like amount to the satisfaction of the learned trial Court in a case reported vide F.I.R. No. 405 dated 4-12-2012 under sections 302/34, P.P.C. at Police Station, Bahadar Shah, District Sahiwal. HBT/M-268/L Bail granted.