2003 PLP 2719 (YLR)

2. As both these petitions have arisen out of one and the same case, hence, are being disposed of by this single order.

3. Briefly the prosecution case as per F.I.R. is that on 25-5-2000 at about 10-45 a.m. they alongwith their 15 co-accused in prosecution of the common object of the unlawful assembly formed by them had attempted the Qatl-i-Amd of Allah Ditta, Nawab Bibi, Peer Bakhsh, Sattan Bibi, Perveen, Nusrat Bibi, Noor Zaman and Bakht Bibi by causing them injuries.

4. The motive behind the occurrence is that there was previous litigation between the parties and on grudge over the same, they have committed the above act.

5. It has been contended on behalf of the petitioner Bashir Ahmad that he has falsely been roped in; that he has been ascribed injury with .12 bore gun to P.W. Allah Dittah at his left thigh and similarly the co-accused Babar on the back of his same thigh while there is only one wound of entry and exit on his left thigh and that would mean that only one snot was fired at him; that no .12 bore gun was recovered from him and rather pistol that all these facts essentially make his case as one of further inquiry; that he was arrested on I-3-2001 and since then is behind the bars; and that he is previous non convict.

6. On behalf of the petitioner Azam, it has been contended that he is in jail for the last about 19 months and so far there is no progress towards his trial while the learned Additional Sessions Judge, Chichawatni vide his order dated 26-2-2003 had directed the learned trial Court to conclude the trial within two months by adopting all coercive measures.

7. Conversely, the learned State Counsel has opposed the petitions on the ground that they are named in the F.I.R.; that Bashir Ahmad petitioner had made straight fire with .12 bore gun at Allah Ditta P.W. which hit on his left thigh; that Azam petitioner had also made straight fire with .12 bore gun at Nawab Bibi P.W. hitting on the left side of her neck; that gun was recovered from Azam while pistol from Bashir Ahmad; and that the offence is heinous in nature.

8. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.

9. As regards petitioner Bashir Ahmad (in Criminal Miscellaneous No.779-B of 2003), he has been attributed fire shot with .12 bore gun to Allah Ditta P.W. hitting on his left thigh. He did not repeat the fire to him. The injury of the said P.W. (Allah Ditta) attributed to him was on the non-vital part of his body. So, it would yet to be seen that if he can be held liable for offence under section 324, P.P.C. or not.

10. Besides than this, the crime weapon .12 bore gun, with which he allegedly was armed at the time of occurrence has not been recovered from him and rather pistol.

11. All these facts essentially render his case as to one of further inquiry and so the same is covered under subsection (2) of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.

12. In these circumstances, I find him entitled to bail. His petition (Criminal Miscellaneous No.779-B of 2003), therefore, is accepted and he is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

13. As regards the petitioner Azam, he has been attributed fire shot with .12 bore gun to Nawab Bibi P.W. hitting on E her left side of the neck. So, the injury attributed to him was on the vital part of her body. Hence, apparently the offence under section 324 P.P.C is attracted against him.

14. In these circumstances, I have not been persuaded to grant relief of bail to him (Azam) at this stage. His petition (Criminal Miscellaneous No. 1085-B of 2003) is therefore, dismissed. H.B.T./B-160/L Order accordingly.