ALI QADAR Versus THE STATE

ORDER

A case under section 324/34, P.P.C. was registered against the petitioner at Police Station Gujjar Khan, District Rawalpindi on the ground that while armed with a revolver, he made a fire straight upon the complainant thereby causing injury on the left upper arm of the victim namely Saeed Iqbal, complainant.

2. Learned counsel for the petitioner has prayed for bail on the ground that non-vital part of the body had received the injury; that the petitioner made only one fire and did not repeat it thereby showing that he had no intention to commit the murder of the victim and as such, the provisions of section 324/34, P.P.C. were not attracted to the facts of the present case. Reliance was placed on Muhammad Ramzan v. The State 1990 PCr.LJ 897 (Lah.) acid Muhammad Khurshid v. The State 1996 PCr.LJ 544 (Lah.).

3. Learned State Counsel contended that though the injury was caused on the upper part of left arm of the victim, but it was made from a revolver straight towards the victim which clearly showed that the intention was to kill him. As such, the facts of the reported cases were allegedly distinguishable from the facts of this case.

4. I have considered the above submissions and find that the petitioner while armed with a revolver bad fired at the victim straight towards him. Though the fire had hit non-vital part of upper portion of the body, but the weapon used, and firing it straight towards the victim would give an impression that the intention attributed to him in the F.I.R. cannot be successfully repelled at this stage.

5. In view of my above discussion, the petitioner has no case for bail at this stage. The petition is, accordingly, dismissed with the observation that the remarks made above are purely for the limited purpose regarding the disposal of this bail petition and will have no bearing on the merits of the case during the trial.

H.B.T./A-215/L Bail petition dismissed.