ORDER M. BILAL KHAN, J. - Muhammad Nadeem son of Khurshid Ahmad, the petitioner, seeks post- arrest bail in case FIR No! 232/2005, registered at Police Station, Shah Gharib, District Narowal, for offences under Sections 324, 109/34, P.P.C.
The allegation in the FIR as narrated by the complainant, was that the, petitioner who was holding a pistols and his unknown co-accused who was armed with two pistols assaulted the complainant; one shot fired by the petitioner hit on the calf of his left leg and went through and through; the unknown co-accused fired with his pistols, however, the bullets only hit the wearing apparel of the complainant and Ehsan-ul-Haq his companion; the complainant also fired in his defence with his pistol causing the assailants to run away. The motive according to the complainant was the previous enmity between the parties. Resultantly the instant FIR had been recorded.
3. The petitioner was arrested on 09.12.2005 and is in custody ever since. His application for post- arrest ball was turned down by the learned Addl. Sessions Judge, Shakargarh, District Narowal, vide order dated 03.02.2006. Hence this petition.
4. I have heard Mr. Hassan Akhtar Chaudhry, the learned counsel for the petitioner as also Mr. Shahid Nasim, the learned State counsel and have perused the record brought by Muhammad Baqir, S.I.
5. A plain look at the FIR would show that the petitioner and his co-accused and taken pains to ensure that no fatal damage was caused to the victim. The fire shot attributed to the petitioner had hit the left calf of the complainant whereas the fire shots made by the unknown accused person had only pierced through the clothing of the complainant and his companion, In view of the allegation and the damage allegedly caused by the petitioner/accused the applicability of section 324, P.P.G, calls for further probe within the meanings of sub-section (2) of section 497, Cr.P.C. ,
6. Resultantly this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one Surety in the like amount to the satisfaction of the learned Trial Court.