2002 PLP 1191 (MLD)

Khizar Sultan petitioner seeks post‑arrest bail in case F.I.R. No. 131 dated 4‑6‑2001 registered under sections 324, 149/34 and 336, P.P.C. at Police Station Karorh Lal Eesan, District Layyah.

2. Briefly, the prosecution story as a leged by the complainant Kafayet Ullah son of Muhammad Aslam is that he alongwith Kafayat Ullah son of Abdullah (injured P.W.) was coming to their house from Wagon Stand Daphhi Makeri, that when they reached near the land of Malik Rehm Isra, Tahir Saleem co‑accused armed with carbine and petitioner armed with pistol suddenly came there on a motorcycle. The vehicle was being driven by Zahir Saleem co‑accused who stopped it near the complainant and both the accused disembarked from it. Tahir Saleem co‑accused raised Lalkara that the complainant would be taught a lesson for causing insult to his uncle Shamim Akhtar. Then he fired at Kafayat Ullah son of Abdullah (injured P.W.) hitting his right eye, whereupon, he fell down. Petitioner fired at the complainant but missed the target. Tahir Saleem co‑accused aimed carbine towards the complainant and raised Lalkara that if he interfered, he would be murdered. Then petitioner hit the complainant with butt of his pistol on his left arm and threatened to run away. On hue and cry raised by the complainant and injured P.W. Asghar and Ehsan Ullah were attracted to the place of occurrence. On their arrival, the accused fled away from the place of occurrence while sitting on the motorcycle making ineffective firing. The motive of the occurrence is that 26/28 days earlier, some altercation took place between Shamim Akhtar son of Muhammad Nawaz and Kafayat Ullah and to avenge the insult, Tahir Saleem and Khizar Sultan with the connivance of Shamim Akhtar attacked the complainant and caused injuries to the complainant and Kafayat Ullah son of Abdullah.

3. Learned counsel for the petitioner contends that the petitioner is alleged to have caused injury to the Kafayat Ullah son of Muhammad Aslam, complainant on his left arm with butt of the pistol; that said injury was declared simple in nature; that the allegation of ineffective firing, levelled against the petitioner is false, he was arrested on 14‑5‑2001 but the trial has not commenced so far.

4. Learned counsel for the State has opposed the bail.

5. Heard. Record perused. The perusal of the record shows that the petitioner caused in iury with butt of the pistol to the complainant on his left arm. Said injury was simple in nature and on non‑vital part of the complainant. Tahir Saleem, co‑accused who caused injury to Kafayat Ullah son of Abdullah, injured P.W. is in jail and has not applied for bail. The allegation against the petitioner that he fired at the complainant which missed needs further enquiry Use of butt of the pistol by A the petitioner shows that he had no intention to kill the complainant or his companion. The petitioner is behind the bars for the last more than three months but the trial has not commenced so far.

6. For the reasons stated above, this petition is allowed and the petitioner is admitted to post‑arrest bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. H.B.T./K‑128/L????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.