1990 P Cr (PLP)

Inayatullah Khan Niazi for Petitioner. Syed Ali Raza Rizvi for the State. The petitioner who is involved in a case under section 307, P.P.C. registered at Police Station Saddar Mianwali vide F.1.E:- No.137, dated 7-10-1989 seeks to be released on bail.

2. It is alleged that on 7-10-1988, the petitioner 3Jongwith his sheep entered into the land, which was under cultivation of Faiz Muhammad injured and his brother, as tenants. Faiz Muhammad asked the petitioner to take out the sheep from the land, whereupon hot words were exchanged between the two. Faiz Muhammad is said to have given two stick blows to the petitioner. When Faiz Muhammad and his brother were going to his house; and reached the poultry farm of one Muhammad Amir, the petitioner armed with a .12 bore gun reached there. He fired with his gun and the fire hit Faiz Muhammad on his left flank.

3. Initially the bail was refused to the petitioner by the learned Judicial Magistrate vide his order dated 14-1-1989, but later on vide his order, dated 12-3-1989, the petitioner was released on bail by the trial Court on the ground that the prosecution has failed to produce any P.W. after lr1-1-1989 and that the petitioner is behind the bars for about five months. This order of the trial Court was upset by the learned Sessions Judge, Mianwali, vide his order dated 29-4 1989, on the ground that the petitioner caused fire-arm injury in the abdomen of the complainant, hence he did not deserve the concession of bail.

4. The learned counsel or the petitioner has contended that in spite of the fact that the petitioner is behind the bars since 29-4-1989, no progress has been made in the case, because the prosecution has failed to examine any witness and that no competent Court is available at Mianwali.

5. The learned counsel for the State assisted by the Investigating Officer has vehemently opposed the bail application, but he has to concede that no Judicial Magistrate is posted at Mianwali, who could take cognizance of the offence.

6. I have considered the submissions of the learned counsel for the parties. The petitioner cannot be kept behind the bars by way of punishment, the injury ascribed to the, petitioner is simple in nature. Learned counsel for the petitioner placing reliance on Fazal Masih v. The State N L R 1984 UC 372 contended that A dimension of the injury on the person of the complainant shows that there was no apparent intention of the petitioner to cause the death of the victim. In my opinion it is a case of further inquiry. The petitioner is accordingly admitted to bail in the sum of Rs.30,000 (thirty thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Mianwali. SA./M-1828/L Bail allowed.