2016 PLP 1246 (SCMR)

MANZOOR AHMAD MALIK, J.

The petitioner seeks post arrest bail in case FIR No..270/15 dated 23.06.2015, offence under sections 324, 337A(i) 337F(i), 337D and 34, P.P.C., registered at Police Station Mustafa Town, Lahore.

2. Precise allegation against the petitioner, as contained in the FIR, is that he along with his co-accused, while armed with pistol, with intention to kill, fired at Muhammad Waqas (son of complainant) which fire hit him on his abdomen.

3. After hearing the learned counsel for the petitioner, learned counsel appearing on behalf of respondent No.2, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that the occurrence in this case took place on 22.06.2015 at 8.30 p.m. and as per FIR the incident occurred at the spur of the moment inasmuch as both the parties assembled in the house of one Ghazanfar and in the course of discussion, hot words were exchanged between the parties, whereupon present petitioner allegedly fired at Muhammad Waqas (son of the complainant) which fire hit Muhammad Waqas, injured on his abdomen. It has been observed by us that regarding the same incident, a cross version was got registered with the police by the accused party, wherein it has been alleged by Abid Umer, (complainant of cross version), that on 22.06.2015 at 9.00 p.m., the complainant party of the FIR which also included the injured Muhammad Waqas along with five unknown persons, while armed with deadly weapons, iron rods, clubs etc. forcibly entered the upper portion of their house and they attacked his Bhabi Mst. Sadaf Zahid, gave her severe beating, tore her clothes and gave blows on her belly and at sensitive parts of her body. It has been alleged that the accused also fired at them and one of the fire shot by Faisal Shahid hit one of their accompanied co-accused. The complainant side (of cross version) took Mst. Sadaf Zahid to Jinnah Hospital and got her medically examined. We have gone through the MLR of Mst. Sadaf Zahid. She was medically examined on 22.6.2015 at 11.15 p.m. The Doctor has observed seven injuries on her person. Injury No.1 was declared as 337V(2), whereas injuries Nos. 3, 4, 5, 6 and 7 were declared as 337-L(2). Prima facie, both the parties have given their own version qua the manner in which this incident took place. Chances of suppression of real facts by both the parties cannot be ruled out. However it is for the learned trial Court to determine, after elaborate evaluation of the evidence to be recorded by it, as to which party was the aggressor and who was aggressed upon. Moreover, according to learned Additional Prosecutor General, challan in both the cases i.e. the instant FIR and the cross version has already been submitted in the trial Court. In this backdrop the case of the present petitioner, in the peculiar circumstances of the case, becomes one of further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.

4. For what has been discussed above, this petition is converted into appeal and the same is allowed. Consequently, petitioner Muhammad Zahid Umar is allowed bail in the instant FIR, subject to furnishing his bail bond in the sum of Rs. 1,00,000/- (Rupees One hundred thousands only), with one surety, in the like amount, to the satisfaction of learned trial Court. MWA/M-25/SC Bail granted.