SABIR KHAN Versus STATE

The petitioner who is involved in a case under section 324 read with 109, P.P.C. arising out of F.I.R. No.704 of 1993, dated 20‑12‑1993, registered at Police Station Mughalpura, Lahore seeks to be admitted to bail.

2. Briefly the allegation against the petitioner as per F.I.R. is that he fired at the victim with his rifle which hit him on his belly.

3. The learned counsel for the petitioner contended that the offence against the petitioner, at the most, may fall under section 337‑F(iii), P.P.C. which is punishable for three years, hence the case against the petitioner is one of further inquiry and he is entitled to bail. In addition to that, he submitted that the medical report belies the prosecution version, and the petitioner is behind the bars since 20‑12‑1993 without any progress in the trial, on this score also, the petitioner is entitled to the grant of bail.

4. The learned counsel for the State assisted by the Police Officer has opposed this bail application.

5. I have heard the learned counsel for the parties and perused the record.

6. The petitioner is a nominated accused and the allegation against the petitioner is that he caused firearm injury on the abdomen of the complainant who is an M.P.A., on account of the enmity mentioned in the F.I.R. itself. The contention raised by the learned counsel for the petitioner is not well‑founded in view of the provisions of section 324, P.P.C. read with section 337‑D, P.P.C., The case of the petitioner falls within the prohibitory clause, so the petitioner is not entitled to bail. This petition stands dismissed.

N.H.Q./S‑457/L Bail refused.