2007 P Cr (PLP)

MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.

Seeks pre-arrest bail in case F.I.R. No.447 of 2005 for the offence under sections 324/148/149, P.P.C. registered at Police Station Lundianwala, District Faisalabad.

2. Precise allegation against the petitioner is that at the relevant time he was armed with repeater (gun), whereas his co-accused were also armed with different kind of fire-arms and Sotas etc. in furtherance of their common intention while forming an unlawful assembly launched an attack and made indiscriminate firing. Allegedly the fire made by the petitioner hit Najum-ul-Hassan on the right thigh near the knee, on the shin and on the back of the right leg. Bail application of the petitioner was-dismissed by Additional Sessions Judge, Jaranwala vide order, dated 2-5-2006, hence this petition.

3. Bail is sought on the grounds that during this occurrence petitioner also received multiple injuries and the complainant party with the connivance of the police while distorting the facts got registered the present case showing that the petitioner party was the aggressor. Further submits that cross-version of the case was also brought on the record but with the mala fide intention the same has been removed from the file of this case. It is submitted that it was the complainant party which had aggressed. Submits that petitioner never caused any injury to Najum-ul-Hassan (P.W.) and the injuries were manufactured later on just to falsely involve the petitioner and his co-accused in this case. It is further submitted that it was a night time occurrence and the identification of the assailants was not possible. Lastly argued that in the circumstances petitioner is entitled to the concession of pre-arrest bail. Conversely counsel for the State vehemently opposes the bail application.

4. Petitioner is named in the F.I.R. with the specific role of causing of fire-arm injuries to Najum-ul-Hassan. The medico-legal report of Najum-ul-Hassan reveals that he had three fire-arm injuries on his person as narrated in the, F.I.R. and the duration of these injuries also tallies with the time of occurrence. No doubt, as it is apparent from the record that petitioner had also received injuries during the occurrence but these injuries establish his presence at the spot .as well as his participation in the occurrence. Petitioner is very much required by the agency for further investigation who has already been declared as proclaimed offender. No ground for bail is made out. This petition stands dismissed with the direction to the agency to bring on record the cross-version of the petitioner as well and proceed with the matter strictly in accordance with law, Ad interim pre-arrest bail granted to the petitioner vide order, dated 7-7-2006 stands withdrawn. H.B.T./N-111/L Bail refused.