1. ' MUNIB AHMAD KHAN, J.---Learned counsel for the applicant submits that the applicant has been involved in Crime No, 3 of 2004 under sections 225/147/148/149/353/324/186, 337-A(1) Q & D of P.S. Peer bad on the ground that applicant/accused was wanted in some other crime and in order to apprehended him, the police raided the place where applicant was staying. Learned counsel further submits that there is allegation in respect of firing by the police as well as companion of the applicant/accused but there is no fire-arm injury and the only injury shown to the police constable is a simple bruise. He further submits that the applicant has allegedly been apprehended with 200 grams of charas and was booked in another F.I.R. Under section 9B of Narcotic Substances Act in which he is granted interim bail. Learned counsel states that there are two mashirnamas prepared by the police. In the first mash mama no fire-arm empties have been shown while in the second mashirnama four SMG empties as well as three empties of pistol have been shown and both these mashirnamas contradicted with each other which means the police is trying to fill up the lacuna to cover their statement of firing for which another mashirnama was prepared by the police. He further contended that the applicant has been apprehended and the allegation of resistance is false and that almost all the sections are bailable except section 324, P.P.C., which is not applicable keeping in view that there was no injury nor there is any independent witness to show that firing was made. He further contended that section 225 P.P.C., at the most if at all, is applicable, then its second portion will be applied which provides sentence of 3 years.
2. ' Learned A.A.-G. Submits that since applicant/accused was apprehended with difficulty as his entire family attacked the police and that he was not released from the police custody and that if the accused/ applicant is admitted to bail, it will be difficult to re-arrest him.
3. ' After hearing the learned counsel for the applicant/accused as well as learned A.A.-G. And keeping in view the sections of law appliedand punishment provided for and the discrepancy in the mashirnamas as well as absence of independent witnesses, I am of the view that a case of further inquiry is made out. Therefore, the applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs,3 lacs (three lac) with P.R. Bond in like amount to the satisfaction of the trial Court.