' M. BILAL KHAN, J.---Muhammad Shafique alias Sheeqoo son of Bashir Shah, the petitioner by filing the instant petition seeks his post-arrest bail in case F.I.R. No.113, dated 31-10-2004, registered at Police Station, Katha Sagral, District Khushab for offences under sections 324, 148 and 149, P.P.C.
2. The case of the prosecution as it unfolded in the F.I.R. Registered at the instance of Javed Iqbal son of Muhammad Iqbal, was that he was a truck driver; Malik Anwar Khan son of Fateh Sher is his maternal uncle; on the fateful day, about 2-30 p.m., Malik Anwar Khan, his maternal uncle, was fired at by Phul Peer Shah and others, when the former was at his house and he had heard that Malik Anwar Khan had been murdered by Phul Peer Shah and others; on this information, he along with Aamir Javed, Muhammad Ashraf, Muhammad Javed, and Muhammad Fiaz were proceeding towards the house of Malik Anwar Khan, when about 3-00 p.m., they reached the Baithak of Malik Anwar Khan, there Muhammad Shafiq alias Sheeqoo (the petitioner), Saleem Shah, Naeem Shah, Mazhar Shah, Adnan Shah, armed with .12-bore guns, Yasir Shah, armed with .12-bore gun repeater, Ghaffar Shah, armed with a gun .7-MM, Muhammad Rafiq Shah, Raja Shah, armed with .12-bore double barrelled guns, Cfrinan Shah, armed with .222-bore rifle, Nasir Shah, Nadir Shah, and Shahzad Gul Andam, armed with pistols, were already present; on seeing them, Chainan Shah raised a Lalkara that no one should escape, whereupon he fired with his .222-bore rifle at him, however, the fire missed; Muhammad Rafiq Shah fired with his gun, which hit Aamir Javed, on the left side of his head; Saleem Shah fired with his .12-bore gun, which also hit left side of the face of Aamir Javed; Mazhar Shah fired with his .12-bore gun, which struck right bicep of Muhammad Ashraf; Raja Shah's fire with .12-bore double barrelled gun landed on right side of the face of Muhammad Fiaz; fire-shot made by Naeem Shah with his gun also struck Muhammad Fiaz on the front of his abdomen; the petitioner fired a shot through his .12-bore gun, which hit Muhammad Javed on the right hand under the thumb. Ghaffar Shah and other accused thereafter fired shots one after the other straight on them, however, they luckily escaped and the fires missed; on their hue and cry, Fiaz Hussain son of Boota Khan, Muhammad Akram son of Noor Muhammad, who were available nearby, came to the spot and witnessed the occurrence; they beseeched the accused party and got rescued the victims.
' The motive behind the occurrence was that there was animosity between Yasir Shah and others, on one side, and Malik Anwar Khan, on the other and that a short-while ago, the accused party had injured Malik Anwar, Usman Haider by fire-shots and they were proceeding towards the house of Malik Anwar Khan to find out about the occurrence, when the accused after due deliberation and consultation launched murderous assault on them, as a result for which Aamir Javed, Muhammad Ashraf, Javed, Muhammad Fiaz, had suffered serious injuries, whereas he luckily escaped.
Resultantly, the instant F.I.R. Had been recorded.
3. The petitioner applied for his post-arrest bail, which was turned down by the learned Additional Sessions Judge, Khushab, whereafter he moved this Court along with other co-accused by means of Criminal Miscellaneous No.204-B of 2005. However, the said bail application had been dismissed as having been withdrawn. Thereafter, he again applied for bail before the learned Additional Sessions Judge, Khushab for his post-arrest bail. His application was again turned down by him vide order dated 18-5-2005. Hence, the instant petition.
4. I have heard the learned counsel for the parties at considerable length and have also gone through the record brought by Muhammad Jaffar, A.S.-I.
5. It has been observed that the investigation of the case had been conducted initially by the local police and thereafter it was transferred to the Provincial Crimes Investigation Branch Punjab, where the same was entrusted to Jawwad Ahmad Dogar, Superintendent of Police. The said police officer, who had been summoned by this Court, had appeared and submitted that according to his investigation there was no occasion to register a separate F.I.R. Regarding the incident, which is subject-matter of the present transaction as the said incident was in fact a part and parcel of the transaction, which formed the basis of F.I.R. No.112, dated 31-10-2004, registered at Police Station, Katha Sagral for offences under sections 324, 337-A(i), 148 and 149, P.P.C. He further submitted that the occurrence had taken place on a provocation offered by the complainant party as they had attempted to demolish the wall of the house of Abdul Ghaffar and were in the process of removing the bricks, when the altercation began, which degenerated into exchange of firing and eventually twenty two persons from the complainant party and twelve persons from the accused had suffered injuries in the ensuing fight. According to him, cross-version had also been recorded in the F.I.R. At the instance of the accused party, wherein 12 accused persons had been found to be guilty.
In the connected bail application of Phul Peer Shah bearing Criminal Miscellaneous No.4470-B of 2005, this Court has allowed bail to him holding that his case calls for further probe within the meanings of subsection (2) of section 497, Cr.P.C. Insofar as the petitioner is concerned, even if the F.I.R. Is taken at its face value, the injury attributed to him is on the hand of Muhammad Javed under the thumb and falls under section 337-F(vi), P.P.C., which entails maximum punishment of seven years and thus does not fall within the prohibitory clause of section 497(1), Cr.P.C. None of the twelve accused persons, who had been found guilty by the Investigating Officer in the cross- version have so far been arrested. Keeping in view the facts and circumstances of the case and the role assigned to the petitioner, his case calls for further inquiry within the meanings of subsection
(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 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.