2009 PLP 1291 (YLR)

MAQBOOL AHMED AWAN, J.

The applicant seeks bail in case/Crime No.71 of 2008 under sections 337-F(i), 504, 506/2, P.P.C. registered at Police Station Sanghar. As per F.I.R, the only allegation against the applicant/accused is that he caused butt blows of the pistol on the person of complainant who is witness in the case against accused persons. The bail application on behalf of applicant/accused was filed before the learned trial Court and thereafter, the same was repeated in the Court of learned Sessions Judge and both the bail applications were dismissed. Hence the applicant approached this Court for grant of bail. The learned counsel appearing on behalf of the applicant/accused has argued that case is false and complainant had lodged this false case with ulterior motive and mala fide intention to see the applicant behind the bars. He has further argued that no independent person has been cited as a witness by the complainant whereas the incident had taken place in a thickly populated area. He has also argued that story advanced by the complainant is appearing to be unnatural, unbelievable and requires serious consideration at the time of trial. He has lastly argued that punishment of the offence with which the applicant/ accused is charged does not fall within the prohibitory clause of section 497, Cr.P.C. He has relied upon the judgment of Tariq Bashir v. The State reported in PLD 1995 Supreme Court 34 and requests that applicant is no more required for investi gation and he is in custody since 8-8-2008 and the case has been challened. Learned counsel appearing on behalf of the State has vehemently opposed the grant of bail on the ground that name of the applicant is appearing in the F.I.R. and that applicant had extended threats of murder, therefore, he is not entitled for concession of bail. I have given consideration to' the arguments advanced by learned counsel appearing for applicant so also for state and perused the material available on record. The incident is said to have taken place in a thickly-populated area i.e. the petrol pump but no independent witness has been cited here to corroborate the version of the complainant. The complainant is witness against the accused and if there was any intention of committing murder on the part of accused, he should have fired upon the complainant except of chosen to cause butt blows to the complainant. From the perusal of F.I.R., it appears that complainant has not appeared before the Medical Officer for medical examination and no such certificate is available on the record. The enmity existed between the parties and in view of the fact that punishment is not falling within the prohibitory clause of section 497, Cr.P.C. and keeping in view the dictum laid down by the apex Court in the case of Tarique Bashir v. The State reported in PLD 1995 Supreme Court 34, I am of the considered view that applicant has made out a case for grant of bail. Resultantly, the applicant is granted bail on furnishing surety in the sum of Rs.50,000 (Fifty thousand) and P.R. Bond in the like amount to the satisfaction of the learned trial Court. H.B.T./A-55/K Bail granted.