KHAWAR FAREED vs THE STATE

ORDER

' Petitioner seeks his post-arrest bail in case F.I.R. No,269 of 1997, dated 26-5- 1997 registered under section 302/324/452/109/ 148/149, P.P.C. At Police Station Sadar Pakpattan Sharif.

2. Precise allegation against thepetitioner as alleged in the F.I.R. Is that he being armed with hatchet alongwith other co-accused who were armed with fire-arms formed an unlawful assembly, Ahmad Bukhsh fired at Muhammad Nawaz, deceased, husband of the complainant, whereas petitioner allegedly caused hatchet blow to one Muhammad Iqbal, P.W. And injured him.

The co-accused of the petitioner namely Muhammad Munawar fired with his .12-bore pistol which hit Muhammad Shafee on his right shin.

3. Learned counsel for the petitioner argues that petitioner did not cause any injury to the deceased and that he was declared innocent by the police during investigation only injury on the person of Muhammad Iqbal, P.W. Attributed to him was simple in nature, on the non-vital part of the body which was declared "Ghyr Jaifah Badi'ah" and is punishable with maximum three years R.I.

Finally, argues that case of the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. So, the petitioner is entitled to the concession of bail.

4. Learned counsel appearing on behalf of the State has vehemently opposed the grant of bail on the ground that the petitioner is named in the F.I.R. And that specific role has been attributed to him. Further argues that deeper. Appreciation of the evidence at bail stage is not permissible, hence, petitioner is not entitled to the concession of bail.

5. We have heard arguments advanced by learned counsel for the parties and have gone through the case file minutely.

6. Admittedly, the petitioner was declared innocent by the police during investigation and with the approval of DSP, his case was recommended for discharge. Injury allegedly attributed to the petitioner on the person of Muhammad Iqbal is on the right lower part of thigh which, according to medico-legal report, is declared as "Ghyr Jaifah Badi'ah" and is punishable with three years R.I. The question of sharing common intention by the petitioner alongwith other co-accused can only be determined by trial Court after recording evidence. Prima facie, case of the petitioner does not fall within the prohibitory clause of section 497, Cr.P.C. Grant of bail in such-like cases is a rule and refusal is exception accordingly, petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs, 20,000 with two sureties each in the like amount to the satisfaction of trial Court.