' MUHAMMAD SADIQ LEGHARI, J.---Applicants seek pre-arrest bail in a case registered against them for offence under section 324/34, P.P.C. As Crime No.20 of 2005 at Garden Police Station.
Complainant Muhammad Suleman alleged in the F.I.R. That he had business dealing with the applicant/accused and had to receive some amount due against them. On 12-1-2005 at about 10- 30 p.m. All the three applicants came at house and called him and his cousin Ch. Abid Saeed on the show of pistol. When they went into the street all the applicants/accused started abusing them.
Later on they asked them not to use the filthy language Tahir Shujjah fired at them with intention to kill but they were not hit. After that Zubair Shujjah hit some hard substance upon both of them and caused them injuries. He also alleged that the incident was witnessed by Sirajuddin and Muhammad Jameel.
2. After the investigation the I.O. Submitted report that there was no sufficient evidence against the applicants, however, learned Judicial Magistrate did not agree with that opinion and directed him to submit the challan. The challan was then submitted showing the applicants as absconders.
3. The application filed by the applicants for bail before arrest was dismissed by the learned VIth Additional Sessions Judge, Karachi (South) on 19-10-2005. After that present application has been filed.
4. Heard arguments and perused the record. Although the two injured persons had multiple injuries but nature of those is such that no bailable offence is disclosed.
5. The complainant learned Advocate contended that in fact it was the shot fired by Tahir Shujjah with intention to kill which brings the case under the purview of section 324, P. P. C .
6. Only single shot is alleged to have been fired and none received any injury. Thus the commission of offence under section 324, P.P.C. Yet to be established. Keeping in view that position plus the fact that the offence for the injuries are bailable and the mala fides have also been alleged. The interim bail granted to the applicants is hereby confirmed on the same terms and conditions.