2022 P Cr (PLP)

MALIK HAQ NAWAZ, C.J.

The petitioners/accused have preferred the instant bail petition under section 497, Cr.P.C. for grant of post arrest bail in case FIR No.02/2020 registered under sections 324/34, P.P.C. at Police Station Pari Banglah, Gilgit after failure to get bail facility from the Court of Additional Sessions Judge, Gilgit vide order dated 08.05.2020 passed in B.A. No.30/2020.

2. As per FIR referred above, the complainant along with two real brothers and brother-in-law, was breaking stones for construction at Pari Dass on 13.02.2020 at about 1100 hours. Meanwhile, the present petitioners/accused came there and petitioner/accused Syed Alam armed with .12 bore rifle made straight fire at the victim Syed Ghayas with intention to kill him. Resultantly, Syed Ghayas received bullet injuries, while the petitioners/accused fled away from the place of occurrence.

3. Mr. Burhan Wali Advocate, Learned counsel for the petitioners/accused submitted that the petitioners are innocent and the complainant has falsely involved them in the case with a concocted story. The learned counsel argued that actually no occurrence has taken place and the story of FIR is self made just to harass and humiliate the petitioners/accused. He further contended that the complainant has not disclosed the injured part of the body which suggests that the victim has not received any injury. The learned counsel submitted that section 324, P.P.C. does not attract to the case of petitioners/accused and the case is one of further inquiry. The learned counsel argued that there is no independent witness of the occurrence despite the fact that the incident has taken place in day light. Concluding his arguments, the learned counsel submitted that the petitioners/accused are no more required to police for further investigation of the case since the petitioners/accused have been committed to judicial lock-up after completion of investigation. He requested to release the accused on bail by accepting this petition. In order to support his contentions, the learned counsel for the petitioners placed reliance on case laws reported as 2019 YLR 1602 [Gilgit-Baitiston Chief Court], 2017 YLR 93 [Gilgit-Baltistan Chief Court] and 2014 YLR 1868 [Gilgit-Baltistan Chief Court].

4. The learned Dy. Advocate General appearing on behalf of State vehemently opposed this bail petition by contending that the accused/petitioners have been directly charged in the promptly lodged FIR with specific role. The learned Dy. Advocate General submitted that the occurrence has taken place in day light and the parties belong to same area, thus false implication of the petitioners/accused is not possible in any way. He further argued that section 324, P.P.C. fully attracts to the case since intention of the accused/petitioners is evident while the crime weapon i.e. .12 bore rifle has been recovered from the possession of accused/petitioner Syed Alam. Lastly, he contended that Medico Legal Report fully supports the version of prosecution, thus the petitioners/accused are not entitled for concession of bail.

5. I have cautiously heard the arguments of the parties with patience and perused the available record.

6. The record reveals that no overt act is attributed to the petitioner/accused Adil nor any recovery has been effected from his possession. Mere presence at the place of occurrence without any overt act, will bring his case, within the scope of further inquiry. The prosecution record reveals that petitioner/accused Syed Alam though charged for effective firing on the body of the victim Syed Ghayas, but the medical evidence reveals that the victim received injuries on the legs, which is not a vital part of the body. The intention to kill will be adjudged at the time of trial after recording of some evidence. So case of the petitioner Syed Alam is also a case of further inquiry falling under section 497(2), Cr.P.C. The petitioners are admitted to bail subject to their filing of bail bonds in the sum of Rs.10,00,000/- (ten lac only) with two sureties each in the like amount to the satisfaction of trial Court.

7. Criminal Miscellaneous Petition bearing No.84/2020 is disposed-off. File. SA/110/GB Bail granted.