2008 PLP 440 (MLD)

SYED SHABBAR RAZA RIZVI, J.

The learned counsel for the petitioners seeks bail after arrest of petitioners in F.I.R. No. '234 of 2005, dated 6-12-2005 registered under sections 324, 337-F(iii), 337-F(v), 34, P.P.C. at Police Station, Gunjial, District Khushab.

2. Briefly according to F.I.R. the son and daughter of complainant, namely Khan Muhammad and Mst. Naseem were attacked by three petitioners and co-accused Ahmad Nawaz. The co-accused, Ahmad Nawaz fired with .30 bore pistol which hit left of Khan Muhammad, second fire by petitions No.1 with .30-bore pistol hit Khan Muhammad on his right leg and three fires were fired by' petitioner No.2 with .12-bore gun which also hit right left of Khan Muhammad. Petitioner No.3 also fired with .30-bore pistol which hit Mst. Naseem on her left knee.

3. According to the learned counsel for the petitioners, the story narrated in the F.I.R. is false. He totally denies the occurrence. In this regard he seeks corroboration from the finding of three Investigating Officers who also did not support version of F.I.R. He further submits that petitioners were arrested on 25-12-2005 and since then they have been behind the bars.

4. The learned counsel for the State submits that during the course of investigation only one accused Ahmad Nawaz (not applied for bail) is found guilty. According to the learned counsel for the State it was only accused Ahmad Nawaz who caused pellet injuries by firing .12-bore gun. He further submits that .12-bore gun has been recovered from accused Ahmad Nawaz.

5. I have heard both the learned counsel.

6. In the F.I.R. three fires are alleged on the person of Khan Muhammad with .30-bore pistol and a .12-bore gun. Likewise one tire is attributed to petitioner No.3 causing injury on the person of Mst. Naseem, again with .30-bore pistol during the course of investigation, no injury appeared to have been caused by .30 bore pistol, all injuries on the person of Khan Muhammad and Mst. Naseem have been found pellet injuries, therefore, during the investigation the version of the complainant does not stand proved rather it has become suspicious. The Investigating Officer is present in the Court and categorically submits that none of the petitioners caused any injury to the injured. It was only their co-accused Ahmad Nawaz who fired at Khan Muhammad when Khan Muhammad approached his house. There was fight between Ahmad Nawaz and a cousin of Khan Muhammad who reported, the matter to Khan Muhammad and after hearing that Khan Muhammad enraged and went to the house of Ahmad Nawaz. Ahmad Nawaz fired in his self-defence, after seeing Khan Muhammad armed with .30-bore pistol and hence injuries were caused.

7. In view of clear conflict between the content of F.I.R. and investigation, the version of prosecution becomes doubtful, therefore, case of the petitioners is covered by subsection (2) of section 497, Cr.P.C. For the same reason, this bail application is allowed subject to petitioners furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of learned Trial Court. H.B.T./M-565/L Bail granted.