' IJAZ AHMAD CHAUDHRY, J.---Through this petition under section 497, Cr.P.C., Ali Ahmad petitioner seeks bail after arrest in case F.I.R. No,186, dated 6-8-2009, registered under sections 302, 324, 440, 337-A(i), 337-A(iii), 337-F(i), 109, 148, 149, P.P.C. At Police Station Satgarah District Okara.
2. As per contents of F.I.R. The brief facts of the case are that Mst. Zahida Bibi alias Nanhi, aunt of the complainant sold out her agricultural land measuring 8 kanals to Munawar Ahmad son of Yaqoob, about four months back, and against it Muhammad Aslam, brother of the complainant filed a civil suit which was pending and the possession over the said land was with the complainant party. On 6-6-2009 at about 6-30 p.m,. The complainant party was doing their business in the field when the accused persons namely Ali Ahmad, Munawar Hussain armed with .12 bore gun, Nazar Hussain armed with .12 bore gun, Muhammad Saleem armed with .30 bore pistol, Muhammad Siddique, Muhammad Younas armed with .12 bore gun, Mudassar armed with sota, Iqbal, Maqbool armed with .12 bore On, Shaukat Ali armed with .12 bore gun and four unknown persons came there on three tractors and forcibly started ploughing in the field. They were requested not to plough the field, on which Munawar Hussain raised Lalkara and Ali Ahmad (petitioner) hit Muhammad Boota with his tractor Muhammad Boota fell down and Ali Ahmad passed front wheel of tractor over the face of Muhammad Boota, as a result whereof, he succumbed to the injuries at the spot. Nazar Hussain made straight fire with his gun which landed on the thumb of right hand of Muhammad Arshad, Mudassar gave sota blow which landed on left arm of Mst. Rasheeda Bibi. Maqbool Ahmad fired with his gun which landed on right ear of Nadeem. Mukhtar Ahmad gave butt blow of his gun which fractured the right arm of Nadeem. Muhammad Younas made fire which hit left arm of Rashid. Shaukat gave many butt blows which landed on different parts of body of Rashid Ali.
Saleem made reckless firing with his .30 bore pistol. The occurrence had taken place on the abetment of Tariq Ali.
3. Learned counsel for the petitioner contends that the story narrated in the F.I.R. During the investigation has been falsified; that 12 accused were nominated in the present case out of which whom 2 accused have been declared innocent; that the report under section 173, Cr.P.C. Has been submitted by the police according to which none of the injured P.Ws., had received any fire-arm injury; that it is a case of two versions as Maqbool Ahmad and Yaqoob also received injuries during the incident, which have been suppressed by the prosecution; that during the investigation separate F.I.R. Got lodged on the statement of the accused was found correct; that during investigation it was found that Ali Ahmad petitioner was not present at the spot and he was irrigating the land at another place, but the tractor was being driven by Amir Gujjar. It is next contended that due to this reason the case of the petitioner is that of further inquiry and other accused have already been allowed bail by the different Courts; that the bail application of co- accused Maqbool Ahmad has been accepted by this Court with the observation that it is case of two versions and which version is correct will be seen by the learned trial Court after recording of evidence, that no useful purpose would be served to keep the petitioner behind the bar for indefinite period and as such the petitioner is entitled to the grant of bail.
4. On the other hand learned counsel for the complainant as well as Deputy Prosecutor General have vehemently opposed this application on the grounds that the incident had taken place at 6- 30 p.m. And F.I.R. Was got recorded on 8-00 p.m. It is contended that the specific role has been ascribed to the petitioner in the F.I.R. And cross version was got recorded after 21 days of the occurrence while manipulating the medical report and there was no false implication of the petitioner in the present case, who has been found guilty during investigation and petitioner is behind the bars only for the last 2-1/2 months. It is contended that now the case is ripe up for framing of charge and the same is likely to be decided within few months.
5. I have heard the learned counsel for the parties and also perused the record with due care and caution.
6. Learned counsel for the petitioner has produced report under section 173, Cr.P.C. Which has been submitted by the police according to which out of the 12 accused nominated by the complainant in the F.I.R. Eight have been found innocent and their presence at the spot could not be established.
As per prosecution story four persons received injuries with fire-arm but, as per medical evidence none of the P. Ws. Received any fire-arm injuries, which has created doubt about their presence at the spot. Moreover, the suppression of the injuries on the person of Maqbool Ahmad and Muhammad Yagoob who according to learned counsel for the petitioner also received injuries during the incident and cross-version has also been recorded the eye-witnesses had damaged their veracity and injuries their integrity and also shaked the confidence of the. Court. Moreover, during the investigation it has been found that petitioner Ahmad Ali was not present at the spot, but he was present at another place while irrigating the land of another person and it has been specifically mentioned in the report under section 173, Cr.P.C. That Amir Gujjar was driven the tractor which the deceased was hit and received injuries. It is a case of two versions and which version is correct will be seen by the learned trial Court after recording of evidence. For the time being it has become a case of further inquiry and mere commencement of the trial is not a ground for refusal of bail. Consequently, this petition is accepted and Ali Ahmad petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lac only) with two sureties each in the like amount to the satisfaction of the learned trial Court.