MUHAMMAD ALI Versus THE STATE

ORDER

TANVIR AHMED KHAN, J.------ Leave to appeal is sought against the judgment, dated 6-2-2002 whereby post arrest bail application filed by the petitioner was dismissed.

2. Facts briefly are that F.I.R. No.171 of 2001 was got recorded by Hafiz Muhammad Tariq on 5th May of 2001 under sections 379/ 324/34, P.P.C. at 5-30 p.m. for an occurrence stated to have taken place on the same day on 3-50 p.m. The case of the complainant was that two boys trespassed into his house one of them took out pistol from his pocket and fired at Madiha his daughter aged about 11 years, which hit her head whereupon she fell down. Subsequent to this registration of F.I.R. on 15th of May, 2001 complainant submitted another application pointing out the name of the petitioner as well as his co-accused Imran who were involved in this callous act of firing at his minor daughter.

3. Learned counsel has argued that the petitioner is behind the bars for about 11 months and he has been implicated by name after 10 days of the registration of the F.I.R. which cast doubt on the veracity of the prosecution version. He has also stated that since it is a case of two versions as such it attracts the principle of further inquiry.

4. Learned counsel appearing for the State has opposed the bail application.

5. We have considered the contentions and have gone through the documents appended with these petitions. We have noticed that the incriminating weapon i.e. pistol was recovered from the petitioner. After thorough investigation he has been implicated and the challan has been submitted which is pending adjudication before the proper forum.

6. In these circumstances, keeping in view the locale of injury and the recovery of incriminating weapon we find no force and dismiss the same.

N.H.Q./M-666/S Bail refused.