SAIFULLAH and another vs THE STATE

ORDER

' Saif Ullah petitioner aged about 19 years Iqbal alias Shahbaz petitioner aged about 25 years were arrested on the 13th February, 2000 and are in jail ever since in pursuance of a case registered against them vide F.I.R. No,102 of 2000, dated the 13th February, 2000 recorded under section 324/148/149 of the Pakistan Penal Code at Police Station Langarana, District Jhang, regarding the occurrence which allegedly took place on the 13th February, 2000 at about 9 a.m. In the area of Chak No,184/JB which is at a distance of about 10 miles from the Police Station Langarana where the First Information Report was lodged on the same day at 6-30 p.m. By complainant Muhammad Ashraf who alleged inter alia that he asked the petitioners to remove the Kiosk (Khokha) from the spot because it became a source of nuisance which resulted in an affray finally culminating in indiscriminate firing by Saif Ullah petitioner who was armed with 8 mm rifle while Iqbal armed with .7 mm rifle. However, fortunately no injury was caused to the complainant.

2. Learned counsel for the petitioner submits that this is a fit case for the grant of bail because according to the prosecution's own showing no injury was caused to the complainant Muhammad Ashraf and prima facie there is no application of section 324 of the Pakistan Penal Code in the peculiar circumstances of this case.

3. Learned counsel for the State vehemently opposed the grant of bail and submitted that a passerby has been hit on account of indiscriminate firing by the petitioners which disentitled them for the grant of bail.

4. Section 324 of the Pakistan Penal Code has two pre-requisites first that there must be an intention and secondly, there must be knowledge that the act of the accused would' amount to murder (Qatl) such an act has been made punishable by 10 years imprisonment.

5. In the instant case there was no intention of killing the passerby and the act of indiscriminate firing is yet to be established at the trial after evidence.

6. From the peculiar circumstances of this case, prima facie, reasonable grounds within the meaning of subsection (1) of section 497 of the Code of Criminal Procedure for believing that the petitioners are guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years, do not seem to exist. However, the case against the petitioners may be a matter of further inquiry within the meaning of subsection (2) of section 497 of the Code of Criminal Procedure which entitles the petitioners to the grant of bail.

7. Resultantly, this petition is accepted and the petitioners are granted bail provided they furnish bail bonds in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of the trial Court.