2008 PLP 470 (MLD)

ASIF SAEED KHAN KHOSA, J.

Through this petition Karam Ellahi petitioner has sought post-arrest bail in case F.I.R. No. 147 registered at Police Station Katha Saghral, District Khushab on 9-10-2005 in respect of offences under sections 324/337-F(v)/34, P.P.C. During the investigation section 302, P.P.C. was added to the F.I.R.

2. The F.I.R. in this case had been lodged with a noticeable delay. According to the F.I.R. the petitioner had caused a fire-arm injury on the right hank of Ali Muhammad deceased but prima facie the said injury is non-existent in the Post-mortem Examination Report of the dead-body of Ali Muhammad deceased. During the investigation it has already been opined by the investigating agency that the petitioner was empty-handed during the alleged occurrence and the allegation levelled by the complainant party regarding effective firing by him upon the deceased was incorrect. During the investigation nothing had been recovered from the petitioner's possession. The F.I.R. itself refers to a background of bitterness between the parties and, thus, a possibility cannot safely be ruled out of consideration at this stage regarding spreading the net wide by the complainant so as to falsely entangle the petitioner in the case in hand. It is available on the record of investigation that during the same incident the petitioner himself had sustained two injuries on his head with a sharp-edged weapon and his co-accused namely Sarfraz had also sustained' three injuries on his persons, including two on his head with a' sharp-edged weapon and sustaining of such injuries by the petitioner hand his co-accused had been completely suppressed in the F.I.R. lodged by the complainant. It is pertinent to mention here that a cross-version of the same incident has already been advanced by the accused party of this case through a private complaint instituted by it and after finding prima facie substance in the allegations of the accused party of this case the complainant party of this case has already been summoned by the learned Trial Court to face a trial in connection with the said private complaint instituted by the accused party of this case. After completion of the investigation a challan has already been submitted in the present case and, thus; continued custody of the petitioner is not likely to serve any beneficial purpose at this stage.

3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court. H.B.T./K-48/L Bail granted.