2005 PLP 1683 (YLR)

The petitioner seeks bail after arrest in case F.I.R. No.421 of 2004 registered on 30-6-2004 in Police Station, Baghbanpura, Lahore under section 324/452/34, P.P.C.

2. The F.I.R. was lodged by one Mirza Irfan relating to an occurrence which had taken place around 3-30 a.m. in the night. According to the contents of F.I.R. the petitioner and his co-accused had trespassed, into the house of the complainant, had attacked the complainant party and had caused injuries to the inmates of the house. According to the F.I.R. Abdul Hafeez Mughal, the petitioner, was armed with a pistol/mouser and had fired with the same, hitting Munawar Sultana, the mother of the complainant in her head.

3. Arguments have been heard and record perused.

4. The learned counsel for the petitioner has pointed out that according to the medico-legal report, the injury attributed to the petitioner was caused with a sharp-edged weapon. She has also submitted that as a result of the investigation conducted so far, the petitioner was found innocent and his name was placed in Column No.2 of the challan. She has asserted that under the circumstances, it is clearly a case of further enquiry into the guilt of the petitioner and thus he is entitled to the concession of bail.

5. On the other hand, the learned counsel for complainant has submitted that as many as 5 persons were injured during the course of occurrence and that Munawar Sultana had remained in the hospital for as many as 14 days and that the medical report had been manoeuvred by the accused in their own favour in connivance with the Doctor and merely the fact that the Doctor had described the injury in question to have been caused with a sharp-edged weapon does not entitle the petitioner to the concession of bail as he is clearly named in the F.I.R. and a clear overt act is attributed to him.

6. I have carefully considered the arguments advanced from both sides. It appears that as a result of investigation conducted so far, the petitioner was declared innocent in this case and his name was placed in Column No.2 of the challan. Even as a result of tentative assessment of evidence in this case, it is clearly a case of further enquiry as the Doctor described the injury on the person of Munawar Sultana to have been caused with a sharp-edged weapon and not with a fire-arm. If as a result of any further investigation any evidence adverse to petitioner comes on record, the complainant or the prosecution, as the case may be, shall have the right to me an application for cancellation of bail. But at this stage it being a case of further enquiry, the petitioner is clearly entitled to the concession of bail. Therefore, the bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the learned trial Court. H.B.T./A-383/L Bail granted.