2007 PLP 3138 (YLR)

MAULVI ANWARUL HAQ, J.

According to the contents of F.I:R No-262 dated 14-11-2004, Ghulam Muhammad complainant laid information at Pollee Station Shah Kot, District Sahiwal, that at about 2-00 p.m he and Akhtar Hussain were returning after watching a cricket match. When they reached on the thoroughfare near Square No.59 Killa No.4, Akhtar Hussain was ahead of him when the petitioner was coming from the opposite side. When he was 3/4 steps away; he suddenly took out a .30 bore Pistol from his Shalwar and fired straight hitting Akhtar Hussain on the left bicep near the armpit who fell down. The petitioner tried to fire another shot but the bullet got stuck in the chamber. The persons mentioned in .the F.I. R were present nearby who came and got hold of the petitioner. The Pistol was snatched. The petitioner and the injured were brought to the chak and the petitioner was locked up in a room and the police was informed on a telephone. The motive stated was that Nosheer the son of paternal aunt of -the complainant is a complainant in case F.I. R No.51/04 under section 302, P.P.C. who is the brother of Akhtar Hussain injured while the accused persons are the close relatives of the petitioner. He was arrested on 14-11-2004 his bail application has been dismissed by a learned Additional Sessions Judge, Chichawatni, on 17-5-2005.

2. Learned counsel for the petitioner states that it is a case of counter-version. Eight injuries were found on the person of the petitioners also his mother who were beaten up by the complainant party. A complaint is pending. He also sates that the medical evidence is not in accord with the account in the F.I.R. The petitioner is behind the bars for the last about seven months without a trial. The learned counsel for the complainant and the State opposed the bail application stating that no doubt the injury falls under section 337-F (in), P.P.C. but murderous intent is apparent on the face of record.

3. I have gone through the available record. I am told that the challan has been put up in Court. I will, therefore, not be commenting much on the merits but in view of the contents of the medical report as also the absence of any explanation in the F.I.R as to the injuries on the person of the petitioner and his mother and a counter version being there. I find it to be a case of further inquiry in the course of trial. The Cr. Misc. is accordingly allowed and the petitioner is granted bail subject to his furnishing of bail bonds 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. N.H.Q:/J-90/L Bail allowed.