NASEEM ULLAH Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioner has sought post-arrest bail in case FIR No.19/2017 under sections 324 and 337(i), P.P.C. registered at Police Station KKH Chilas on the complaint of one Shah Syed, ASI.

2. The precise facts of the case as highlighted in the FIR are that on the fateful day, the petitioner attempted on the life of his real sister as the petitioner was suspecting her on illicit liaison with one Raza Ullah of Hudur. The petitioner opened fire shots on her with a .30 bore pistol and she after getting injured took refuge in the house of her neighbor namely Nadir Khan. One of the fire shot on diversion also injured the petitioner. The petitioner was arrested and committed to judicial lock up after necessary investigation.

3. The petitioner applied for post arrest bail in the Court of learned Addl. Sessions Judge Diamer, which was refused vide order/judgment dated 17-04-2017.

4. The petitioner's counsel contended as follows:-

(i) The story of FIR is concocted, fabricated and the petitioner has been booked maliciously.

(ii) The Provisions of section 324, P.P.C. are not attracted in the case and there is no worth reliance evidence to prove that the intention of petitioner was to kill the victim.

(iii) The recovery is also planted and the proceedings are fake and fictitious.

(iv) The petitioner is no more required for the purpose of investigation.

5. On the other hand the learned Dy. Advocate General vehemently controverted the view point as canvassed by the learned counsel for the petitioner/accused and contended that the petitioner/accused attempted on the life of his real sister, who is now lodged in Dar-ul-Aman. The victim got injured and saved her life after a hard hide and run. There are no earthly reasons to involve the petitioner with the alleged offence falsely. The weapon of offence has been recovered from the possession of the petitioner on his pointation and a separate FIR under section 13, A.O. has been registered against the petitioner. The judgment of trial Court refusing bail to the petitioner/accused has been passed after due application of mind and the same order/judgment be maintained.

6. Heard the parties.

7. As evident from the contents of FIR, the petitioner opened fire shots with a .30 bore pistol on his real sister and seriously injured her, beside he himself got injured when a bullet fired by him hit the wall and then the bullet diverted back and injured the petitioner/accused. The victim lady is lodged in Dar-ul-Aman, due to fear of her life. The weapon of offence has been recovered from the possession of the petitioner/accused. The offence falls within the prohibitory clauses of section 497, Cr.P.C., and the petitioner does not deserve the concession of bail.

8. Pursuant to above discussion, I, am not inclined to admit the petitioner/accused to bail and the petition in hand is dismissed being meritless.

HBT/181/GB Bail refused.