1. SYED HASSAN AZHAR RIZVI, J.---By order dated 16-1-2009, the applicant was admitted to interim pre arrest bail in Crime No, 295/2009 Police Station K.N. Shah, and today it is fixed for confirmation or otherwise.
2. The allegation against present applicant is that on 9-7-2009, he along with co-accused Sikander Ali, Ismail duly armed with Pistols and Abdullah Mithal, Abdul Rehman, and Ali Gohar having "Dandas" arrived at the place of vardat. Accused Abdul Rehman abused complainant party and present applicant.Ahmed Ali fired from his pistol at P.W. Khadim Hussain which hit him on his left leg at his thigh, while Abdul Rehman instigated rest of accused who lay down complainant party and caused them butt blows of pistol and "Danda".
3. Learned counsel for the applicant contended that the F.I.R is delayed for three days and no plausible explanation for such delay has been furnished. The injury assigned to the present applicant is not on vital part of body of injured. The accused did not repeat fire upon complainant therefore, application of section 324 P.P:C. would be determined at the time of trial. Learned counsel further contended that there are counter cases between the parties. Learned counsel lastly submitted that the applicant has joined the trial and no purpose would be served if he is refused bail and remanded to jail.
4. Learned State counsel does not oppose confirmation of bail, while submitting that the injuries on the person of injured Khadim Hussain carry maximum punishment of about three years, therefore, does not come within ambit of prohibitory clause of section 497, Cr.P.C.
5. Since the injuries on the person of injured Khadim Hussain, which have been assigned to the present applicant does not fall within the prohibitory clause of section 497, Cr.P.C. and are on non- vital part of his body; and that the applicant has joined the trial, therefore, interim pre arrest bail already granted to applicant vide order 16-1-2009, is hereby confirmed on same terms and conditions.