2011 PLP 1187 (MLD)

MANZOOR AHMAD MALIK, J.

Muhammad Arshad, petitioner seeks bail after arrest in case F.I.R., No.38 dated 24-1-2010 registered under sections 324/148/149, P.P.C. at Police Station Sadar Gojra, District Toba Tek Singh. The allegation against the petitioner is that he along with his co-accused while armed with firearms made a murderous assault and the petitioner caused injury to Muhammad Usman at his left thigh.

2. Learned counsel for the petitioner, in support of this petition, contends that the allegation against the petitioner, as per F.I.R., is that he was armed with a .12 bore gun and he caused an injury on the left thigh of Muhammad Usman injured; that there is no allegation of repetition of firing against the petitioner; that the injury has been declared under section 337-F(iii), P.P.C., maximum punishment whereof is three years which is outside the prohibitory clause of section 497, Cr.P.C. that the petitioner is behind the bars and no more required for the purpose of investigation.

3. Learned Deputy Prosecutor-General opposes this bail petition on the grounds that the petitioner is nominated in the F.I.R. with a specific allegation of causing firearm injury on the left thigh of Muhammad Usman injured which is duly supported by the medical evidence; that prima facie, the provisions of section 324, P.P.C. are also attracted; that the petitioner has, been found involved during the course of investigation.

4. None is present on behalf of the complainant though notice was issued to him. The police officer present in Court states that he has informed the complainant about the date fixed for hearing of this bail petition.

5. I have heard the arguments of both the sides.

6. The allegation against the petitioner is that he caused a firearm injury on the left thigh of Muhammad Usman. The said injury is covered under section 337-F/(iii), P.P.C., maximum punishment whereof is three years which is outside the prohibitory clause of section 497, Cr.P.C. The injury was caused on left thigh of the injured which is admittedly a non-vital part of the body. There is no allegation of repetition of firing against the petitioner. It is for the learned trial Court to determine whether the provisions of section 324, P.P.C. are attracted or not. The petitioner is behind the bars and no more required for the purpose of investigation. In a similar case reported as Muhammad Umar v. The State and another (PLD 2004 Supreme Court 477), the Hon'ble Supreme Court of Pakistan was pleased to allow bail while observing at page 478 as under:-- "(5) We have heard learned counsel for both the sides and have also gone through the record particularly the medical certificate. A perusal whereof indicates that allegedly the petitioner fired upon the outer side of the right leg's middle part of the injured Shahid Iqbal, therefore, prima facie, we are of the opinion that he had no intention to fire upon the vital part of the injured Shahid Iqbal for the purpose of launching murderous assault. Be that as it may, now the challan has been submitted, trial has commenced, petitioner is in custody with effect from the date of his arrest and is no more required for the purpose of investigation of the case, therefore, no useful purpose will be served by keeping him in custody." Therefore, the case of the petitioner is that of further inquiry within the ambit of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000 (rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-851/L Bail granted.