The petitioner seeks post arrest bail in case FIR No, 438/2007 dated 15.8.2007 registered under Section 324/34 PPC at Police Station City Muridke District Sheikhupura.
2. Precise allegations against the petitioner as per narration of FIR, are that he alongwith his accomplices had resorted to firing on the complainant resulting into causing injuries to Muhammad Jameel.
3. Learned counsel for the petitioner submits that no specific role has been attributed to the petitioner as per story of FIR. There are general allegations levelled against the accused persons in which it is not really known as to which fire shot hit to injured person. There is two days delay in lodging of the FIR, therefore, possibility of deliberations cannot be ruled out. No recovery of any crime weapon has been effected from the petitioner. He further submits that fire-arm injury is attributed to the petitioner as per findings of the police any only one injury is attributed to co- accused Faisal and not the petitioner. The petitioner is behind the bars for the last eight months, therefore, case of the petitioner is that of further inquiry into his guilt.
4. Learned DPG opposes bail application of the petitioner and submits that recovery of crime weapon has been effected from the co-accused Faisal and not from the present petitioner, whereas in the FIR it is mentioned that the petitioner was armed with carbine. He has referred to the findings of the 10, who had opined that fire shot which hit Muhammad Jameel was in fact made by.
Faisal co-accused and not the present petitioner as recovery of crime weapon has also been effected from the co-accused.
5. I have heard the learned counsel for the petitioner as well as learned DPG and have also perused the record. The petitioner is no doubt nominated in the FIR but I am afraid no specific role has been attributed to him. There are general allegations levelled against the accused persons and about which it is not clear as to which fire shot hit Muhammad Jameel and injured him. There is an unexplained delay of two days in lodging of the FIR, therefore, possibility of deliberations cannot be ruled out. In the FIR the petitioner has been attributed the role of having carbine in his hand but in police findings gun shot was attributed to co-accused Faisal and recovery of gun has also been effected from the co-accused and no from the petitioner. As per findings of the JO the petitioner was found to be empty handed at the place of occurrence. No recovery has been effected from the petitioner.
6. Under the circumstances petitioner's case is that of further inquiry into his guilty. I, therefore, admit him to post arrest 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/Illaqa Magistrate.
Petition stands disposed of.