NISAR AHMED Versus State

ORDER

MALIK HAQ NAWAZ, C.J.--- The instant bail petition has been filed under section 497, Cr.P.C. for grant of bail as the petitioner has been allegedly charged under section 324, P.P.C. vide FIR No. 08/2020 at Police Station Pari Bangla District Gilgit.

2. Brief facts gathered from the record of the case are that the petitioner, namely Nisar Ahmed opened fire with a pistol on the person of one Niaz Uddin with intention to commit his murder. After the occurrence one Liquat Ali Khan, paternal uncle of the victim approached the police station Pari Bangla and on his application the police registered an FIR bearing No. 08/2020 under section 324, P.P.C. against the accused/petitioner Nisar Ahmed.

3. The trial Court while adjudicating upon the bail application of the accused/petitioner dismissed the same.

4. The learned counsel for the petitioner submitted that the accused/petitioner is innocent and has falsely been implicated in the instant case with mala fide intentions. He further submitted that the petitioner is juvenile and belongs to law abiding and a noble family and the section charged against him does not fall within the prohibitory class of section 497, Cr.P.C. Furthermore, the investigation of the case is complete and the petitioner is no more required for further investigation and there is no apprehension of tempering with the PWs if the bail is granted in favour of the petitioner therefore, the petitioner may be released on bail to meet the ends of justice law and equity.

5. On the other hand the learned Dy.A.G opposed the instant bail petition with the contention that the accused /petitioner is directly nominated in the FIR where a specific role has been attributed to the petitioner and the PWs also charged the petitioner with the alleged offence and there is no contradiction in the statements of the PWs. He further submits that the recovery of weapon of offence has also been effected from accused/petitioner on his pointation and the punishment of section 324, P.P.C. falls in the prohibitory class of section 497, Cr.P.C. therefore, the instant bail petition may be dismissed by maintaining the order dated 10-06-2020 passed in Bail Application No. 52/2020 by the learned trial Court.

6. I have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance.

7. The petitioner is directly charged in the promptly lodged FIR, with a specific accusation of opening fire shot on the person of victim Niaz-ud-Din, the occurrence is of a day light. The petitioner and the victim both hails from the same vicinity, therefore, the question of mistaken identity does not arise or even raised at bar. Crime weapon has been recovered from the possession of the petitioner and a separate case under section 13, A.O. has been registered against him. The statements of the PWs and medical evidence is quite in line with the prosecution case and there is a prima facie case against the petitioner and he does not deserve the concession of bail.

6. This petition is dismissed accordingly. File.

SA/22/GB Bail declined.