1989 PLP 4075 (MLD)

Syed Nadeem Saqlain for Petitioner. C.M. Latif for the State. The petitioner Iftikhar Ahmad is accused of having fired a gunshot at Gut Nawaz as a result of which he received a pellet injury on the right side of the chest and a case was registered under section 307/148/149, P.P.C. at Police Station Jalalpur Jattan on 29th March, 1989 on the statement of Muhammad Hussain complainant. In the F.I.R. it is stated that the petitioner alongwith four others had attacked the complainant party; that out of five accused Muhammad Nawaz, Amanat and Lai Khan, Bala and Ilyas are alleged to have been armed with .7 mm Rifles while the petitioner with a .12 bore gun. The first shot was allegedly fired by Muhammad Nawaz accused and the second by Bala, which however, proved to be ineffective. The third shot which is attributed to the petitioner allegedly hit Gut Nawaz on his left flank. All the co‑accused except the petitioner have been admitted to bail by the learned Additional Sessions Judge who has declined to grant this concession to the petitioner.

2. It is contended by the learned counsel for the petitioner that the ocular version as given in the F.I.R. stands contradicted by the medico‑legal report, also that the injury attributed to the petitioner is of small dimension caused by only one pellet which was kept under observation for a period of about 4 months and was declared grievous only when this petition was moved in the High Court. The learned counsel for the State, however, opposes the grant of bail and submits that the offence is punishable for life imprisonment and, therefore, falls within the prohibitory clause of section 497, Cr.P.C.

3. From the perusal of the F.I.R. it is clear that five persons are alleged to have fired upon the complainant party but only one pellet from the shot which is attributed to the petitioner hit one of them. The dimension of the injury as given in the medico‑legal report is 0.5 c.m.. x 0.5 c.m. which shows that it was caused by a small pellet. In the F.I.R. it is stated that the shot from gun of the petitioner had hit the injured (jut Nawaz on his right flank but in the medico‑legal report injury appears to be near the right nipple on the chest. It is only after the orders of the Court, dated 16th August, 1989 that the final result of the medical examination of Gut Nawaz was collected on .19th August, 1989 whereafter it transpired that the injury has been declared as grievous but no specific reason has, however, been mentioned by the doctor. These circumstances constitute sufficient grounds for further inquiry into the guilt of the accused and there appears to be no reasonable ground for believing that the accused intended to cause the death of Gut Nawaz., The petitioner is accordingly admitted to bail in the sum of Rs.30,000 (rupees thirty thousand only) with two sureties in the like amount to the satisfaction oft Assistant' Commissioner/Duty Magistrate, Gujrat. S.A./‑143/L Bail allowed.