SHAHZAD Versus State

SAHIBZADA ASADULLAH, J .---Petitioner namely-Shahzad, seeks his release on bail through instant bail petition in case FIR No. 206 dated 21.05.2021, registered under sections 324/353, P.P.C/9(c), KP CNSA/15 AA, PS, Dadiwala, District, Lakki Nlarwat.

2. According to the contents of the FIR on 21.05.2021 at 09:50 hours complainant Asif Iqbal Khan SHO along with other police officials had made barricade on the spot when a motorcycle came there which was signaled to stop. The rider of the motorcycle stopped the same, pul out his pistol and started firing at police party with the intention to commit their qatl-i-amd. The police party also retaliated in their self defense, as a result of which the accused/petitioner got hit and fell down. He was overpowered and disarmed. On query he told his name as Shahzad. The local police recovered one .30 bore pistol without number, spare magazine containing two live rounds of same bore and 500 grams chars from his possession. Hence, the ibid FIR.

3. Arguments heard, record perused.

4. The accused/petitioner has been charged by the complainant for firing upon the police, but astonishing to note that not a single injury whatsoever has been caused to any one of the complainant party, which creates doubt in the mode and manner in which the offence has been committed.

5. So far the recovery of 500 grams chars is concerned, the accused was arrested on 21.05.2021 as per arrest card available on file, however, the result of FSL regarding samples taken from the contraband allegedly recovered from possession of the accused/petitioner is not on file despite elapse of more than a month. When confronted, learned Assistant A.G did not furnish any plausible explanation due to which delay in submission of FSL report has been caused.

6. The pistol allegedly recovered from accused/petitioner was not sent to FSL and no report of Fire Arms Expeft is available to show as to whether the same was in working condition or not.

7. In view of above, this bail petition is allowed, the accused/petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs. 50,000/-(rupees fifty thousand) v?ith two sureties each in the like amount to the satisfaction of Maga Judicial Magistrate/MOD, concerned.

These are the detailed reasons of the short order of even date.

SA/125/P Bail granted.