MUHAMMAD UMAR vs THE STATE and another

ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition has been filed for leave to appeal against the judgment of the Lahore High Court, dated 18th November, 2003, whereby request of petitioner Muhammad Umar for grant of bail has been declined.

2. Precisely stating the facts of the case are that petitioner Muhammad Umar is facing trial in a case under section 324/109/34, P.P.C. In pursuance of F.I.R. Registered on 19th July, 2003 in respect of occurrence took place on 18th July, 2003 at about 8-00 p.m. Wherein statedly petitioner fired upon injured Shahid Iqbal and caused injuries on the outer side of right leg's middle part. It is stated that he allegedly committed the crime on the instigation/abetment of the co-accused Muhammad Munir. After registration of the case, petitioner was arrested on 22nd July, 2003. Police completed the investigation and submitted challan before the Judicial Magistrate, where tie is facing the trial. After submission of the challan evidence of the witnesses has been recorded.

Petitioner's request for grant of hail has been declined by the Trial Court as well as by the learned High Court. As such instant petition has been filed.

3. Learned counsel appearing for petitioner-accused argued that in view of the facts and circumstances of the case, it can be gathered that he had no intention to commit the murder of injured Shahid Iqbal, if at all it is presumed that he is involved in the he commission of offence.

4. On the other hand, learned Assistant Advocate-General contended that as challan has been submitted and prosecution is producing witnesses, therefore, petitioner is not entitled to grant of bail.

5. We have heard learned counsel for both the sides and have also gone through the record particularly the medical certificate. A perusal whereof indicates that allegedly the petitioner fired upon the outer side of the right leg's middle part of the injured Shahid Iqbal, therefore, prima facie, we are of the opinion that he had no intention to fire upon the vital part of the injured Shahid Iqbal for the purpose of launching murderous assault. Be that as it may, now the challan has been submitted, trial has commenced, petitioner is in custody with effect from the date of his arrest and is no more required for the purpose of investigation of the case, therefore, no useful purpose will be served by keeping him in custody.

Thus for the foregoing reasons, petition is converted into appeal and allowed. Consequently, petitioner Muhammad Umar is directed to be released on bail subject to his furnishing surety bonds in the sum of Rs,50,000 with two sureties and P.R. In the like amount to the satisfaction of the Trial Court concerned.