2007 PLP 939 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

This, order will dispose of Criminal Miscellaneous No. 3339-BC of 2006, titled Muhammad Zahid Sagheer v. Abdul Qayyum etc. and Criminal Miscellaneous No. 3340-BC of 2006 titled Muhammad Zahid Sagheer v. Zia-ul-Haq.

2. Learned counsel-for the petitioner does not want to press Criminal Miscellaneous No. 3339-BC of 2006 titled Muhamdm Zahid Sagheer v. Abdul Qayyum etc. In this view of the matter, this petition stands disposed of.

3. It is contended by learned counsel for the petitioner that respondent was named in the F.I.R.; that he fired two shots on the complainant but luckily he did not receive the same; that learned Additional Sessions Judge had granted bail before arrest to the respondent on the ground that he had fired in the air which is totally wrong. He has relied on PLD 1983 SC 82 and submits that principle laid down in the above-said judgment has been violated by learned Additional Sessions Judge; that recovery is yet to be effected from him; that trial has commenced. He has relied upon PLD 1984 SC 102 and PLD 2006 SC 243.

4. On the other hand learned counsel for the respondent submits that according to F.I.R. respondent fired two shots but did not hit any body; that in three consecutive investigations respondent has been found innocent; that plea of alibi put by respondent was accepted; that trial has started and one P.W. has been recorded; that in Criminal Miscellaneous No.1919-B of 2006 my learned brother Ali Nawaz Chowhan, J. had ordered that if the trial is commenced the same should be taken on day to day basis.

5. Learned State counsel submits that section 324, P.P.C. falls within the prohibitory clause of section 497(1), Cr.P.C. and the bail allowed to the respondent may be cancelled.

6. Heard. In the instant case allegation against the respondent is that he was armed with pistol and fired two shots but the same did not hit any body. Learned Additional Sessions Judge granted him bail before arrest and the complainant had moved for cancellation of bail. In three consecutive investigations respondent has been found innocent. Though finding of p the police is not binding upon the Court but due to peculiar circumstances of the case it has become relevant for grant of bail. Reliance is placed upon PLD 1972 SC 81 and

277. Trial has also commenced, one P.W. has been recorded. In Criminal Miscellaneous No. 1919-B of 2006 my learned brother Ali Nawaz Chowhan, J. had ordered that if the trial-has commenced then it should be taken day tee day basis. No case for cancellation of bail is made out. This petition is dismissed. H.B.T./M-728/L Petition dismissed.