' FAZAL-E-MIRAN CHAUHAN, Petitioner Moeen Akhtar alias Meenoo, seeks post-arrest bail in case F.I.R. No,333, dated 11-9-2005, offence under sections 324 and 34, P.P.C. Registered at Police Station Gaggo, Tehsil Burewala District Vehari for the allegations that the petitioner while armed with .30 bore pistol along with his co-accused made a fire, which hit Abdul Khaliq, father of the complainant and the same pierced through the neck of the victim, hence, this case.
2. It is contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case with mala fide intention due to party faction. The petitioner was minor at the time of occurrence, therefore, his case falls under the Juvenile Justice System Ordinance, 2000. According to the F.I.R. The petitioner fired only one fire and did not repeat the same and the injury attributed to him is on non-vital part of the body of the victim, making his case that of further inquiry into his guilt. Further contends that the petitioner is behind the bars since his arrest and is no more required by the police. The challan has been submitted in the Court on 30-9- 2005, but no progress has been made so far. Reliance has been placed on Muhammad Anwar v.
The State 1993 SCMR 1001, therefore, petitioner deserves the concession of bail.
3. Conversely, learned State counsel vehemently opposed the bail petition contending that the petitioner is specifically nominated irl the F.I.R. With specific role of causing injuries with his .30 bore pistol on the vital part of the body of the victim. The offence alleged to have been committed by the petitioner falls within the prohibitory clause of section 497, Cr.P.C. Hence, he is not entitled to the concession of bail.
4. Having heard the learned counsel for the parties and perused the record, it manifests that according to the school leaving certificate, the petitioner was minor at the time of occurrence and was sixteen years of age. Relying on the above said authority of the Honourable Supreme Court of Pakistan the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.