SHAKAR WALI Versus State

ORDER

MALIK HAQ NAWAZ, J. ---Through this petition under section 497, Cr.P.C., the petitioner Shakar Wali has sought post-arrest bail in case FIR No.04/2018 dated 23-03-2018 under sections 324/427/ 341, P.P.C. registered at Police Station Gabbar, District Diamer.

2. The gist of accusation contained in FIR against the petitioner has been mentioned in para 2 of the impugned judgment/order dated 19-10-2018, which are re-produced as under:-

"2. Facts of the case as stated by the complainant are that on 23-03-2018 at about 1100 hours while he was going to attend marriage ceremony of his niece with Ubaid Khan Driver in a hiace bearing No.GLT 0420 along with Malook accompanied by his family and younus, when reached near the house of Mastan Wali suddenly Shakar Wali came in front of the vehicle and while stopped the vehicle in the way he opened fire with lethal weapon which hit the backside tyre of the vehicle which was burst and the driver saved all with his expertise."

3. The learned counsel for the petitioner submitted that the case is false and the petitioner has been maliciously involved in the instant case. The learned counsel further submitted that the provision of section 324, P.P.C. are not attracted in the case, as no one has been injured in the incident. The challan despite of lapes of a considerable period has not yet been submitted in the trial Court, which is a clear violation of section 173, Cr.P.C. The detention of the petitioner after 17 days has become illegal. The case of the petitioner is one of the further inquiry and he is entitled for the concession of bail.

4. The learned Dy. Advocate General opposed the bail petition and submitted that it was a day light occurrence, wherein the petitioner has been directly charged for commission of the alleged offence. Eye-witnesses of the occurrence have specifically charged the petitioner/ accused for commission of offence, which clearly attracts the provision of section 324, P.P.C. The offence under section 324, P.P.C. is not bailable and falls within the prohibitory clauses of section 497, Cr.P.C.

5. The FIR reveals that the petitioner is directly charged in FIR. The petitioner opened fire on a jeep but one was injured in the incident. There is no evidence that the petitioner repeated the fire or chased the vehicle. The intention to kill will be determined by the trial Court after recording of some evidence. A case for bail has been made out. The petitioner is allowed bail subject to his furnishing a bail bond in the sum of Rs. 10,00000/- (ten lac) with two sureties each in the like amount to the satisfaction of trial Court.

6. File be consigned to record after completion.

MQ/222/GB Bail granted.