'IJAZ AHMAD CHAUDHRY, J.- Mushtaq Ahmed alias Waraich, petitioner, is an accused of case F.I.R.
No,331 of 2008 dated 26-12-2008 under sections 324/ 452/379/354/342/337-A(i), 337-L(ii) 148/ 149, P.P.C. Registered with Police Station Raja Jang, District Kasur.
2. The prosecution case set up in the F.I.R. In brief, is that on 25-12-2008, the petitioner along with his twelve co-accused while armed with firearm weapons waylaid the complainant. On seeing the accused party the complainant took refuge in the nearby house of his uncle. The accused persons followed the complainant and caught hold him inside the house and started to inflict injuries by striking him with the weapons they were holding and also dragged him outside the house. Naseer Ahmad, co-accused, fired with his pump action gun at the leg of the complainant, he fell down, when Mukhtaran Bibi, aunt of the complainant, Muhammad Hussain, his nephew, Amanat Ali and Niamat Ali, his uncles Hadayat Ali, his father came there to the rescue of complainant, They also suffered firearm injuries at the hands of the accused persons.
3. The learned counsel for petitioner has contended that Muhammad Amin filed an application for after arrest bail Cr1. Misc. No,8401-B of 2009, which has been accepted by his Court vide order dated 27-7-2009 and similarly Muhammad Naseer and Muhammad Ahmad, co-accused, have been allowed bail by the learned Additional Sessions Judge vide order dated 8-8-2009. It is further contended that Sardar alias Nikka, co-accused has also been allowed bail by the learned Additional Sessions Judge; that the injury attributed to the petitioner falls under section 337-L(ii), P.P.C. Which is bailable that the police also declared the petitioner innocent and the case of petitioner is not distinguishable from his co-accused, who have been allowed post arrest ball in the case. It is further contended that the police has deletes. The provisions of sections 454/,452/379/342 P.P.C therefore the petitioner is entitled to the concession of bail.
4. The learned DPG assisted by the learned counsel for complainant has contended that the Investigating Officers namely Shah Jahan and Muhammad Saleem, S-Is, who conducted investigation and deleted the said provisions of law, have been suspended by the Regional Police Officer, Sheikhupura Region, Lahore vide order dated 18-5-2009. It is also contended while referring the case iaw reported as 2000 SCM R 1599 that opinion of the Police is not binding on Court.
5. I have heard the learned counsel for parties and gone through the record. The injury attributed to the petitioner falls under the provisions of section 337-L(ii), P.P.C. Which is bailable. Co-accused of petitioner namely Muhammad Amin, who was armed with rifle and also caused injuries to Mst.
Mukhtaran Bibi, P.W. Has been allowed post arrest by this Court vide A order dated 23-7-2009 passed in Crl. Misc. No,8401-B of 2009. The case of petitioner is at par with that of said co-accused, Muhammad Amin. Similarly, Muhammad Naseer, Muhammad Ahmad and Sardar alias Nikka, co- accused of petitioner have been allowed bail. In this view of the matter the petitioner is also entitled to the concession of bail as his case is also at par with the said co-accused. This application is, therefore, accepted. The petitioner shall be released on bail subject to furnishing bail bond in the sum of Rs,1,00,000 (one lac only) with two sureties each in the like amount to the satisfaction of Trial Court.