1. ' ANWARUL HAQ, C. J.-The petitioner is aggrieved by an order made by a learned Judge of the Peshawar High Court on the 30th of October, 1979, by which he has allowed bail to the respondents Alam Khan and Ahmad Khan in a case pending against them under section 307 of the Pakistan Penal Code read with section 34 thereof, for causing fire-arm injuries to the petitioner during the course of an incident which took place at 8.00 a. m. On the 28th of June, 1979.
2. ' The learned Judge has observed that the circumstances show that the occurrence had taken place all of a sudden ; and in the normal course of human conduct it is not conceivable that in the absence of any previons enmity or motive there should have been no prior altercation between the parties. He has further stated that it is possible that the offence, if any, committed by the respondents may fall under section "08 of the P. P. C., and this was a matter which would require consideration at the proper time.
3. ' In seeking leave to appeal against this order, it is submitted by Mr. Muhammad Younis Shah that from the nature of the injuries sustained by the petitioner it is evident that the case clearly fell within the ambit .Of section 307 of the P. P. C. As the shots fired at the petitioner had proved effective, as one shot had hit the petitioner on the outer aspect of the left shoulder and the second shot hit him at the root of the neck above the left shoulder. The learned counsel contends that in view of the nature of the injuries sustained by the petitioner, the High Court was clearly in error in thinking that the offence might fall under section 308 of the Penal Code.
4. After hearing the learned counsel for the petitioner we are of the that as the grant of bail was view a matter of discretion for the primarily Court, and it has given High exercise, this is not a fit case reasons for its our interference in the for circumstances. The view taken matter. In the the learned Judge was by material at present available on possible on the record.
5. ' Accordingly, this petition fails and is hereby dismissed.