MUHAMMAD KHALID Versus State

ORDER

KHAWAJA MUHAMMAD SHARIF, C.J .---Learned counsel for the petitioner submits that petitioner has been falsely implicated, the according to the report under section 173, Cr.P.C. petitioner was accused of section 109, P.P.C. and was not found to be present at the spot, that no recovery was effected from him, that there is clear conflict between ocular account and medical evidence and that his case is one of further inquiry falling under sub-clause (2) of section 497, Cr.P.C.

2. Learned Deputy Prosecutor General submits that petitioner is named in the F.I.R. that specific role is attributed to him, that two empty cartridges of .12 bore gun were recovered from the spot and the offence alleged against him falls within the ambit of section 497(1), Cr.P.C. Heard. In the instant case, three accused, namely, Khalid armed with pump action, Ilyas armed with 12 bore, Ishaq armed with pistol and two unknown were mentioned. It was Ishaq, who opened the attack and fired a shot, which hit Shahbaz on the left side of his back while the injury caused by the petitioner and his co-accused Ilyas hit Shahbaz on the right side of his back. I have gone through postmortem report of the deceased, Injury No.4 is on the back of left side of the buttock of Shahbaz deceased while Injury No.5 is contusion. I have also gone through diagram; there is no injury on the back of the deceased except Injury No. 4, which is on the left side of the buttock of the deceased and that can be attributed to Ishaq, who opened the fire. No recovery has been effected from the petitioner; he is accused of section 109, P.P.C. according to the report under section 173, Cr.P.C. so treating it a case of further inquiry falling under sub-clause (2) of section 497 Cr.P.C., this petition is accepted and petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.100,000 (one lac) with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Court.

H.B.T./M-74/L Bail granted.