MUHAMMAD HUSSAIN Versus STATE
ORDER
The petitioner was nominated in F.I.R. No.451/93, dated 16-12-1993 under section 324/34 as an accused person having fired with the carbin which hit Rana Faiz Ahmad injured P.W. on the outer side of his right arm. Muhammad Yusuf son of Safdar, co-accused of the petitioner was allegedly armed with the razor at the time of occurrence but no injury was attributed to him. He was granted bail by the lower Court. The bail application of the present petitioner was dismissed by the trial Court as also by the Additional Sessions Judge, Lahore, on 26-4-1994.
2. It has been contended by the learned counsel for petitioner that the petitioner was in judicial lock-up for more than eight months but sufficient progress has not been made in the trial and the petitioner was being detained in judicial lock-up as a punishment. It has further been argued that there was as many as nine injuries on the person of the injured P.W. but only one fire was attributed to the petitioner.
3. The petition has been opposed by the learned counsel for the State on the ground that the delay in the conclusion of the trial was due to the attitude of the petitioner in the trial Court and that two witnesses had already been examined.
4. It has also been submitted that the petitioner had attacked the injured P.W. with a fire-arm and the seat of injury sufficiently shows the intention of the petitioner. Regarding number of injuries, it has been submitted that the injuries are in such proximity that it could be the result of one fire shot.
5. The petitioner is in judicial lock-up for the last more than eight months and it is still to be seen whether the injuries can be caused as a result of one fire shot. Presently nothing can be said as to the number of shots fired.
6. In view of the above, the case against the petitioner is open to further enquiry and the petitioner is granted bail in the sum of E Rs. 50,000 with two sureties in the like amount to the satisfaction of the trial Court.
N.H.Q./M-1828/L Bail granted.