1996 PLP 622 (MLD)

Azar Latif Khan for Petitioner. Zia‑ud‑Din for the State. Date of hearing: 18th December, 1994 Abdul Majeed petitioner seeks bail in a case registered against him for committing an offence under section 394, P.P.C. vide F.I.R. No. 296, dated 31‑7‑1994 at Police Station, Allama Iqbal Town, Lahore.

2. Abdul Rahim complainant is a Professor. On 31‑7‑1994, he was teaching some students who had come for tuition to‑ his house. Three persons armed with mousers and dagger, entered his house, decamped with Rs.3,500 and golden bangle weighing 5 Tolas. On the alarm raised by the students present in the house, people from the neighbourhood gathered and in the meantime, police party also reached. Imran Khan, Sub‑Inspector allegedly got a .12 bore gun from one Mehmood Alain, a neighbour of the complainant and fired a shot which hit the accused on his leg. The petitioner was thereafter arrested in the injured condition while his co‑accused ran away.

3. Learned counsel for the petitioner submits that the case has been concocted against his client. The facts, according to him, are that the petitioner and complainant's son Haroon were friends and there was scuffle between the two on account‑ of some dispute. Petitioner was injured by Mehmood Alain who is friend of the aforesaid Haroon. In order to save the skin of his son, present F.I.R. was lodged by the complainant in collusion with Imfan Khan Sub‑Inspector who owned the shot, with a view to help the complainant. He further submits that the petitioner was critically injured and is lying in the hospital for the last five months and is not able to move about. Therefore, according to him, petitioner is entitled to bail not only on the ground that the case against him is false but also because he is a sick person within the meaning of first proviso to subsection (1) of section 497, Cr.P.C. He further submits that petitioner has never been produced before any 'Court of law for his remand.

4. Learned counsel for the State opposes the bail application and submits that there are serious allegations against the petitioner and his co‑accused have not so far been arrested. Bashir Ahmad, Sub‑Inspector informs that the petitioner is in the hospital for the last five months and he is critically injured. He further states that so far no investigation has been made, even the students who at the time of occurrence were present in the house have not been examined. The police has not so far collected any evidence. No neighbourer either has been examined by the police. The Sub‑Inspector further informs that Imran Khan Sub‑Inspector was included in the patrol party which had gone to the spot in police van. If that be correct, it is not understandable as to why Imran Khan Sub‑Inspector borrowed the gun from Mehmood Alain and injured the petitioner. There must be arms with the patrol party of which he himself was member and he should have used to official arms. In the circumstances of the present case, the possibility cannot be ruled out that the petitioner was injured by Mehmood Alain by his own gun and on account of the influence of the complainant, Imran Khan, Sub‑Inspector owned the injury.

5. For what has been discussed above, it is a case of further inquiry and there appears reasonable ground for believing that petitioner may not be guilty of the alleged offence. Moreover, in view of the fact that being critically injured he is lying in the hospital for the last five months, he can be considered to be a sick man and thus, entitled to bail under the first proviso to subsection (1) of section 497, Cr.P.C. Accordingly, the petitioner is allowed bail in the sum of Rs.50,000 (Rs. fifty thousand only), with one surety, in the like amount, to the satisfaction of A.C./Duty Magistrate, Saddar Lahore. H.B.T./A‑821/L Petition allowed