1992 P Cr (PLP)

Criminal Procedure Code (V of 1898) ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.324 [as amended by Criminal Law (Second Amendment) Ordinance) (I of 1991), S. 6‑‑‑Bail, grant of‑‑‑Accused is named in F.I.R. and was found quarrelling with his real brother when first informant intervened and was fired at‑‑‑No direct motive was against accused for causing injury to first informant‑‑‑Accused did not even attempt to repeat injury‑‑‑Accused who admittedly was 16 years old and was student, was not required for purposes of investigation any more‑‑‑Accused allowed bail, in circumstances. Ch. Muhammad Anwar Khan for Petitioner Hafiz Ghulam Bari for the State. Dil Nawaz petitioner seeks bail in a case registered with Police Station Mustafa Abad, Lahore, vide F.I.R. dated 19‑4‑1992, for an offence under section 324, Qisas and Diyat Ordinance. According to the allegation contained in the F.I.R., first informant Mirza Babar Beg was going out for answering the call of nature when he saw the petitioner fighting with his real brother Dildar. First informant stepped forward to separate them when the petitioner took out pistol and fired hitting the first informant. The commotion attracted other people to the spot, whereupon the petitioner ran away.

2. It was contended by learned, counsel for the petitioner that the case against the petitioner is highly doubtful. Submitted that the injury caused by the petitioner was neither dangerous to life nor was declared grievous. Contended that ever since the registration of the case the petitioner is behind the bars and he is not required for purposes of investigation any more. Argued that the petitioner is only 16 years of age, therefore, entitled to the concession of bail. The petition has been opposed by learned counsel for the State.

3. I have heard the learned counsel and gone through the file. The petitioner is named in the F.I.R. He was quarrelling with his real brother when the first informant intervened and was fired at. There is no direct motive against the petitioner for causing injury to the first informant. The petitioner did not even attempt to repeat the injury. Petitioner is not required for purposes of investigation any more. According to Matric Certificate, petitioner's date of birth is 14‑5‑1976 which makes him 16 years of age. Petitioner is stated to be a student of Is( Year. In these circumstances, the petitioner is allowed bail provided he furnishes security in the sum of Rs.25,000 (Rupees twenty‑five thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore. H.B.T./D‑8/L Bail granted.