1998 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898)

S. 497

Penal Code (XLV of 1860), S.324/34

Bail

Accused had been attributed an active role of having caused a fire-arm injury to the victim

Bail was declined to accused in circumstances. Ch. M.S. Shad for Petitioners. Muhammad Akram Nasir for the State. A case under section 324/34, P.P.C. is registered against the petitioners vide F.I.R. No.61 of 1996, dated 27-2-1996 at Police Station Sadar Muridkey, District Sheikhupura, on the ground that all of them while armed with fire-arms, in furtherance of their common intention, committed murderous assault upon Muhammad Azam injured P.W. Though Naseer Ahmad and Muhammad Bashir were shown .to be armed with rifle .222 and .12 bore gun respectively, but none of them made any fire whereas their co-accused War Iqbal while armed with .7 mm rifle caused injury to the victim on his right knee. All the three petitioners were held guilty and the challan against them was sent to the trial Court. After the submission of challan, reinvestigation was made in which D.S.P., Saddar Circle, Muridkey, found all, the three petitioners innocent whereas Amanullah another co-accused, who has since been killed in a police encounter, was held guilty to have fired at the victim.

2. Learned counsel for the petitioners has submitted that it -has become a case of further inquiry as there is difference of opinion between the two Investigating Officers regarding the culpability of the petitioners; that the fire was attributed only to Zafar Iqbal whereas the remaining two petitioners were not attributed any role; that all of them were arrested in the period between June to August, 1996, and since then they arc behind the bars, therefore, they are entitled to bail even on that account.

3. The bail petition is opposed by the learned State counsel on the ground that the petitioners had absconded after the occurrence and if they are admitted to bail, they are likely to abscond again. However, it was conceded that in a subsequent investigation by a D.S.P., all the petitioners were found innocent whereas in the earlier investigation, all of them were found guilty. It was accordingly prayed that since all the three petitioners shared their common intention to commit murderous assault upon the victim, therefore, they were not entitled to bail.

4. I have considered the foregoing submissions and find that Naseer Ahmad and Muhammad Bashir were not attributed any fire upon the victim, although they were deadly armed, as such prima facie the question remains open, whether they shared common intention with Zafar Iqbal who had caused an injury on the knee of the victim. Both of them namely Naseer Ahmad and Muhammad Bashir have, therefore, a case of further inquiry. The bail petition to their extent is accepted and both of them are admitted to bail in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of trial Court.

5. As far as Zafar lqbal petitioner is concerned, he has been attributed active role in causing fire-arm injury to the victim, therefore, he has no case for bail at this stage. The petition to his extent is accordingly dismissed. N.H.Q./N-52/L Order accordingly.