1997 PLP 2482 (MLD)

‑‑‑‑S. 497(2)‑‑‑Penal Code (XLV of 1860), S.324/34‑‑‑Bail, grant of‑‑ Allegation made in the F.I.R. was in conflict with the medico‑legal report with regard to the seat of injury which fact alone had made it a case of further inquiry‑‑‑Discharge of three co‑accused in the case had cast doubt about the credibility of the witness‑‑‑Accused was alleged to have fired at a prosecution witness with 7 MM rifle and at the complainant with a carbine, it was difficult for him to use both the weapons‑‑‑Accused was allowed bail in circumstances. Kh. Mehmood Ahmad for Petitioner. S.D. Qureshi for the State. Ghazanfar Ali alias Japho petitioner seeks bail in a case registered against him and others with Police Station Sadar, Gujranwala, vide F.I.R. dated 15‑9‑1995 for an offence under section 324/34, P.P.C. Allegation against the petitioner was that he while armed with 7 MM rifle with his co‑accused, also armed, launched a murderous assault on Muhammad Javed. According to the allegation, the petitioner fired his 7 MM rifle hitting Muhammad Javed in his back and bullet went through and through.

2. It was contended by learned counsel for the petitioner that three co -accused of the petitioner after thorough investigation have since been got discharged. This casts a serious doubt on the authenticity of the prosecution version. Argued that the ocular account is in conflict with the medical report so far as seat of injury is concerned. Argued that in the F.I.R. the‑ petitioner is alleged to have fired at Muhammad Javed with 7 MM rifle and thereafter, he fired at the first informant with carbine. This on the face of it makes it a case of further inquiry. The contentions were opposed by learned counsel for the State.

3. I have heard the learned counsel and‑gone through the file. According to the F.I.R. the petitioner was armed with 7 MM rifle with which he fired at Muhammad Javed in his back. According to the medico‑legal report the wound of entry was above buttock. This fact alone makes it a case of further inquiry. Three co‑accused of the petitioner have since been declared innocent and discharged. This also casts doubt regarding the credibility of the‑witnesses. It is not clear whether the petitioner was armed with 7 MM rifle or carbine, because he allegedly fired at Muhammad Javed with 7 MM rifle and he also fired with carbine‑ as well at the first informant. It was difficult for him to use both the; weapons. The upshot of the discussion is that the petitioner is entitled to bail. Therefore, the petitioner is allowed bail, provided he furnishes security in the sum of Rs.50,000 rupees (fifty thousand only) with two sureties, each in the like amount to they satisfaction of Assistant Commissioner/Duty Magistrate, Gujranwala. N.H.Q./G‑10/L Bail allowed.