HAJI MUHAMMAD NAEEM Versus THE STATE

This is an application for grant of bail to Haji Muhammad Naeem in case under section 402/307/353, P.P.C. registered at P.S. Model Town, Gujranwala vide F.I.R. No.685 dated 1st November, 1987.

2. The prosecution case is that the petitioner was one of five persons assembled for the purpose of committing dacoity on 1st November, 1987 in Insaf Poultry Farm within the limits of Mauza Dullary of P.S. Model Town Gujranwala and he on seeing the police party started firing from rifle.

3. Learned Counsel for the petitioner submits that the petitioner did not cause any injury to the PW and the allegations against him are of ineffective firing; that the petitioner is in jail for the last 5 months and the alleged offences under section 402/353, P.P.C. do not fall within the prohibitory clause of section 497, Cr.P.C. Learned counsel for the State has opposed this application on the ground that since the petitioner had fired at the police ,arty, therefore, he is prima facie guilty under section 307, P.P.C. which falls within the prohibitory clause of section 497, Cr.P.C.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner is in jail for the last five months, that no one was injured as a result of his firing and that the alleged offences punishable under section 402/353, P.P. C do not fall within the prohibitory clause of section 497, Cr.P.C.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Gujranwala.

S.G.D./M‑745/L Bail allowed.