1997 P Cr (PLP)

Ashfaq Bokhari for the State. On 31-10-1996 at Police Station Nowshera Virkan, Gujranwala a case under section 324/34, P.P.C. was registered against Asghar Ali, Muhammad Akram and an unknown person at the instance of Muhammad Aslam complainant. It was alleged that Asghar Ali and Muhammad Akram accused were the brothers of Muhammad Aslant, complainant. For the last 4/5 years the said accused had a dispute with their other brothers including the complainant over property. Occasionally they used to have a fight with each other. On 31-10-1996 at about 10 a.m. the abovementioned three accused came to the village of the complainant on a motor-cycle while Asghar Ali was armed with a .12 bore double-barrel gun and Muhammad Akram with a .12 bore Carbine. They went to the Banyan tree under which their brother Muhammad Ashraf was sitting. Asghar Ali fired a shot from his .12 bore double-barrel gun, which hit the said Muhammad Ashraf above his right knee. Muhammad Akram accused then fired a shot from his Carbine, which hit the said Muhammad Ashraf above his left knee. On receiving the injuries the injured P.W. fell down and raised alarm on which the three accused fled away.

2. During the investigation of the case section 337-F(i), P.P.C. was added.

3. Asghar Ali accused, petitioner herein, who was arrested on 16-1-1997, has applied for his bail.

4. I have heard the parties' learned counsel and have also gone through the record.

5. Learned counsel for the petitioner has submitted that there was long standing enmity between the parties, that the offence under section 324, P.P.C. was not constituted as the accused never intended to kill Muhammad Ashraf P.W. and that since the offence under section 337-F(i), P.P.C. did not fall within the prohibitory clause of section 497, Cr.P.C. the petitioner was entitled to the concession of bail especially when the investigation had concluded and he was lodged in the judicial lock-up.

6. Learned counsel for the State and that of the complainant have vehemently opposed the bail application and have contended that the accused had caused injuries to Muhammad Ashraf P.W. with the intention to kill him.

7. Perusal of the medico-legal report shows that as a result of two shots fired by Asghar Ali and Muhammad Akram accused Muhammad Ashraf P.W. had suffered nine pellet injuries on his legs and thighs out of which injury No.2 was an exit wound. The edges of the entry wounds were burnt which means that the injured P.W. had been shot at from a close range. Admittedly neither the petitioner nor his co-accused Muhammad Akram repeated the fire. The injuries sustained by the injured P.W. are not located on any vital part of his body. In this view of the matter the contention of the learned counsel for the petitioner A that the assailants did not intend to cause the death of Muhammad Ashraf aforesaid is not devoid of force. Thus, the question if the present case falls within the ambit of section 324, P.P.C. requires further inquiry. The offence under section 337-F(i), P.P.C. is bailable.

8. The upshot of the above discussion is that the petitioner is entitled to the grant of bail and he is admitted to bail in the sum of Rs.30,000 with one e surety in the like amount to the satisfaction of the Ilaqa/Judicial. Magistrate, Gujranwala. N.H.Q./A-128/L Bail allowed.