' MUHAMMAD ALAM KHAN J.--- Qutub Din is an accused in case F.I.R. No, t 14 dated 19-8-2005 under sections 324/427/337-F(ii)/ 34, P.P.C. Registered in Police Station Mullazai and his prayer for bail having been turned down by the learned two Courts below vide orders dated 29-2-2008 and 27-3- 2008 respectively has filed the application in hand for the same relief.
2. The accusation against the petitioner as gleaned from the F.I.R. Lodged by the complainant Misbahuddin is that he is posted as a Dispenser in Government Hospital Naseer Koroona and on the fateful day, i.e. 19-8-2005 at "Digar Vela" was going from his house to the hospital for medical check up of patients in a private Datsun being driven by Rustam Khan. No sooner they reached near the said hospital, their vehicle was fired at with which he and other passengers in the Datsun were got injured. However, none was charged for the offence. Subsequently, an injured named Khaisap Khan recorded supplementary statement on 15-9-2005 wherein the petitioner along with other co-accused was charged for effectively firing at them on the alleged motive of previous enmity with the accused/petitioner.
3. After arrest, the petitioner applied for bail to the learned lower Courts but could not succeed as mentioned above and hence this petition.
4. Learned counsel for the accused/petitioner submitted that despite the fact that the .Injured complainant was present in the Datsun pick up where allegedly he sustained injuries at the hands of the accused/ petitioner, but none was charged in the initial report and thus, the charge being belated after lapse of twenty-six days of the occurrence is the result of deliberation and consultation. He argued that the other two injured namely Misbahuddin and Rustam Khan have sworn an affidavit in the Court of learned Sessions Judge, D.I. Khan exonerating the petitioner in view of his innocence and that they have also entered into compromise with him. His argument was that nothing incriminating has been recovered from the petitioner, investigation in the case is complete and he is no more required for the purposes of investigation.
5. In rebuttal, learned counsel for the complainant and the learned Deputy Advocate-General representing the State opposed the grant of bail to the petitioner on the grounds that in his supplementary statement, Khaisap Khan injured has directly charged the petitioner for effectively firing at him, he has remained fugitive from law with effect from 15-9-2005, the medical evidence is in line with the prosecution version and he is reasonably linked with the commission of the offence.
6. I have gone through the record and considered the arguments advanced at the Bar.
7. Admittedly, the accused/petitioner has been belatedly nominated after delay of almost twenty- six days of the occurrence by the inured Khaisap Khan in supplementary statement recorded under section 161, Cr.P.C., but he has not disclosed the source of information with regard to the involvement of the petitioner in the instant case. The rider of the F.I.R. Misbahuddin and the other injured Rustam Khan as well as Khaisap Khan, respondent No,4, had charged unknown persons in the initial report. Both the said injured have sworn an affidavit and exonerated the accused/petitioner of the present charge. The injuries allegedly sustained by all the three injured are on non-vital parts of their bodies. Therefore, prima facie, from the available facts and circumstances of the case brought on record the case of the accused/ A petitioner falls within the ambit of further inquiry entitling him to the concession of bail. Reliance in this respect is placed on the case-laws reported as Aurangzeb v. The State 1999 PCr.LJ 230, Raja Rafaqat Usmani v. Umar Farooq Abasi 2002 PCr.LJ 1262, Nisar v. The State 2004 PCr.LJ 555 and Muhammad Arshad alias Achhoo v. The State 2007 YLR 2102.
8. Consequently, this application is allowed 'and the accused/ petitioner is admitted to bail, subject to his furnishing bail bond, in the sum of Rs,2 lacs with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate, who shall see that the sureties are local residents of D.I.
Khan reliable and men of means.
' Above are the reasons for my short order of even date.