1998 PLP 2058 (MLD)

S. 497(2)

Penal Code (XLV of 1860), S.302/148/149

Bail, grant of-- Ineffective rifle firing had been ascribed to the accused

No crime empty of a rifle was recovered from the place of occurrence

Co-accused with the identical role, on having been found innocent during investigation, had been placed in column No.2 of the Challan which had rendered the prosecution case doubtful against the accused who had already suffered 1/1-2 years internment and his trial had not yet commenced

Involvement of accused in the offence, prima facie, needed further inquiry and he was allowed bail accordingly. M. Yaseen Farrukh Kamboh for Petitioner. Ch. Muhammad Ilyas Jhammat for the State. Petitioner having been arrested in the case registered vide F.I.R. No. 472 of 8-8-1996 under section 302/148/149, P.P.C. at Police Station Phool Nagar District Kasur alleging storming of the within mentioned automobile around 7.00 a.m. while discharging the passengers at bus stop situated across Elahi Textile Mills by the petitioner equipped with rifle conjunctively with his accomplices Karamat (rifle), and Muhammad Ashraf (gun), Haider (rifle), Manzoor Ahmed (gun) and Ghulam Hussain alias Ghani (carbine); the petitioner playing the pioneering role alongwith Karamat resorted to a rifle firing whose remaining accomplices caused injuries with their respective weapons on the complainant's brothers Salabat alias Saboo's various parts of the anatomy to which he succumbed on the spot pursuant to avenging multitudinal litigation they were entangled in and were enroute to the Court concerning the same, has sought bail.

2. Contending that no overt act save for the alleged ineffective rifle firing has been ascribed to the petitioner; factum whereof stands belied for the admitted non-recovery of any crime empty of a rifle; co-accused Karamat with the identical role having been opined to be innocent during the investigation has been placed in column No.2 of the Challan which renders the prosecution case doubtful against the petitioner as well on which count he has already suffered 1/1-2 year's internment trial whereof till date has not commenced.

3. Which has been opposed by the learned counsel appearing on behalf of the State without dislodging the contentions urged on instructions imparted by the police official in attendance with the record; prima facie constituting sufficient grounds for further enquiring into Muhammad Hussain alias Kali petitioner's involvement in the offence charged, thus, is allowed bail upon furnishing bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Trial Court. N.H.Q./M-749/L Bail allowed.