MUHAMMAD AKRAM Versus THE STATE

ORDER

This is a petition seeking after arrest bail in a case registered vide F.I.R. No.102/95, dated 21-3-1995 registered against the petitioner Muhammad Akram and his co-accused Manzoor at Police Station Saddar. Khanewal under section 324/34, P.P.C. The allegations levelled by the complainant Muhammad Aslam son of Muhammad Ashiq are that accused persons armed with fire-arms launched murderous assault on Muhammad Ashiq. Muhammad Akram, petitioner shot two fires effectively, on the right shin and thigh of Muhammad Ashiq. According to the medico-legal report Muhammad Ashiq injured received 5 fire-arm injuries on the left shin and thigh.

2. Learned counsel for the petitioner argued that the occurrence took place on 21-3-1995 at 4 a.m. hence being a night occurrence serious question of identification of the accused would arise at the stage of trial. It is further contended that the petitioner has no motive to cause injuries on the person of Muhammad Ashiq and that the injuries are on the non-vital parts of the body and further submits that the injuries are simple in nature, He further submits that the offence would fall under section 337-F(ii) which is punishable with three years' R.I. only. He also contended that the petitioner is in jail for the last 7 months and the trial has not yet commenced. The petitioner is a previous non-convict and has no criminal history.

3. On the other hand the learned counsel for State contended that the petitioner is named in the F.I.R. and eye-witness account is corroborated by the medical evidence. The petitioner has repeated the fire hence his intention to kill the petitioner is very much clear.

4. I have heard the learned counsel for the parties and have gone through the record carefully.

5. Admittedly the injuries are on the non-vital part of the body and have been declared simple by the Medical Officer. It has been held by the Honourable Supreme Court in number of authorities including PLD 1995 SC 34 and 1994 SCMR 2051 that:--

S. 497---Penal Code (XLV of 1860), S.337.-F(ii) (as amended by Criminal Law (Second Amendment) Ordinance (XII of 1993)---Bail-- Gun injury received by the victim was on his ankle which was not on the vital part of the body besides it was found to be simple one and it was yet to be seen if the accused intended to kill the victim---Injury, held; at the most fell under the provision of 5.337-F(ii), P.P.C. (as amended) and did not fall within the prohibitory clause of S.497 Cr.P.C. in circumstances."

6. Respectfully relying upon the above dictum I proceed to accept this petition and direct that the petitioner be released on bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C., Khanewal/Trial Court.

N.H.Q./M-2662/L Bail granted.