Khizar Hayat petitioner seeks post arrest bail in Case FIR No, 649/2008 dated 15.8.2008, registered under Sections 302/34 PPC at Police Station Kunjah, District Gujrat.
2. Precise allegations against the petitioner, as per the narration of the FIR, are that he alongwith his accomplices had launched an attack on the complainant as well as his accomplices and had injured Bashir Ahmad deceased.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to the enmity. He further submits that there is glaring contradiction in the ocular account and the medical evidence as two gun shots were fired and only one empty was recovered by the police from the place of occurrence. He has particularly referred to the MLR, according to which, there is an exit wound in the groin of the deceased and the doctor has not mentioned the entry wound which fire shot was attributed to the present petitioner, therefore, it cannot be determined as to whether the fire shot made by the petitioner entered from where. He further submits that as the diagram prepared by the doctor second fire shot was attributed to Ghulam Dastgir who had hit fire shot on the buttock of the deceased and had made an exit wound through the groin meaning thereby that petitioner did not fire through the hip joint as narrated in the FIR because there is no entry wound from the hip joint side, therefore, ocular account of the FIR clearly contradicts the medical evidence.
4. Learned DPG opposes the bail application and submits that the petitioner is nominated in the FIR with specific role. Recovery of 8-MM gun has also been effected from the petitioner. One crime empty has also been recovered from the place of occurrence. He lastly submits that the petitioner has been held guilty by the police during the investigation.
5. I have heard both the learned counsel and have also perused the record. There is no doubt that the petitioner is nominated in the FIR with a specific role but I am afraid, the medical evidence does not corroborate with the ocular account of the FIR. 'As per the doctor's report there exists an exit wound which was attributed to the petitioner but it has not been mentioned in the MLR the locale of entry wound. According the medical report it is understandable that fire shot attributed to co- accused Ghulam Dastgir which he hit on the buttock of the deceased would have made an exit wound through the groin, therefore, it is clear from the medical evidence that fire shot made by Ghulam Dastgir is decidedly corroborated by the medical evidence but the fire shot made by the petitioner is not corroborated as there is no entry wound present on the hip joint of the deceased.
Under the circumstances. it is absolutely oblivious as to whether the petitioner had made fire shot or not as there is no entry wound, therefore, the case of the petitioner is that of further inquiry into his guilt. Moreover, only one crime empty was recovered from the place of occurrence whereas two On shots were made at the place of occurrence as per the narration of the FIR and crime empty was not sent to the Forensic Science Laboratory for matching especially when the recovery has been effected from the petitioner.
7. Under the circumstances, I am convinced that the case of the petitioner is that of further inquiry into his guilt. I, therefore, admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with two sureties in the like amount each to the satisfaction of the learned trial Court.