MUHAMMAD NADEEM Versus State

ORDER

M. BILAL KHAN, J.--- Muhammad Nadeem son of Khurshid Ahmad, the petitioner, seeks post-arrest bail in case F.I.R. No.232 of 2005 registered at Police Station Shah Gharib, District Narowal, for offences under sections 324, 109/34, P.P.C.

2. The allegation in the F.I.R. as narrated by the complainant, was that the petitioner who was holding a pistol and his unknown co-accused who was armed with two pistols assaulted the complainant; one shot fired by the petitioner hit on the calf of his left leg and went through and through; the unknown co-accused fired with his pistols, however, the bullets only hit the wearing apparel of the complainant of Ehsan-ul-Haq his companion; the complainant also fired in his defence with his pistol causing the assailants to run away. The motive according to the complainant was the previous enmity between the parties. Resultantly the instant F.I.R. had been recorded.

3. The petitioner was arrested on 9-12-2005 and is in custody ever since. His application for post-arrest bail was turned down by the learned Additional Sessions Judge, Shakargarh, District Narowal vide order, dated 3-2-2006. Hence this petition.

4. I have heard Mr. Hassan Akhtar Chaudhry, the learned counsel for the petitioner as also Mr. Shahid Nasim, the learned State Counsel and have perused the record brought by Muhammad Baqir S.-I.

5. A plain look at the F.I.R. would show that the petitioner and his co-accused had taken pains to ensure that no fatal damage was caused to the victim. The fire shot attributed to the petitioner had hit the left calf of the complainant whereas the fire shots made by the unknown accused person had only pierced through the clothing of the complainant and his companion. In view of the allegation and the damage allegedly caused by the petitioner/accused the applicability of section 324, P.P.C. calls for further probe within the meaning of subsection (2) of section 497, Cr.P.C.

6. Resultantly, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.

H.B.T./M-315/L ????????????????????????????????????????????????????????? Bail granted.