Through this petition, petitioner Atta-ur-Rehman Son of Abdur Rehman seeks post arrest bail in case FIR No, 207/2010 dated 05.06.2010, u/Ss. 324, 148, 149 PPC, registered at Police Station Sadar Mian Channu District Khanewal.
2. The allegation contained in the FIR against the petitioner is that on 05.06.2010 at 7.00 a.m., he (Atta-ur-Rehman) while armed with Pistol alongwith his co-accused made murderous assault and inflicted injuries upon Muhammad Yasin, hence, this FIR.
3. Learned counsel for the petitioner submits that there is collective role of causing fire-arm injuries to the petitioner and his co-accused and it is to be determined that which injury is attributed to the petitioner; that cross-version by the accused side has come on record on 09.06.2010; even otherwise injury caused by the petitioner falls within the ambit of Section 337-F(5) PPC and punishment for the said offence is up to five years, which does not fall within the ambit of prohibitory clause; that the petitioner was arrested on 11.6.2010; that recovery was effected on 18.6.2010, therefore, he is no more required for the purpose of investigation.
4. On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant submits that it is promptly lodged FIR; that as many as nine injuries have been caused to the injured but never the less there is cross-version from accused Yasin etc.
5. Heard. Record perused.
6. After recording the cross-version it has become a case of self defence plea, which has been raised by the accused. Even otherwise there is collective role against present petitioner alongwith his co-accused and as to which injury is attributed specifically to the present. petitioner cannot be segregated. Co-accused have since been found innocent. Cross version has been lodged on 09.06.2010. Even otherwise the offence does not fall within the ambit of prohibitory clause. The A petitioner is behind the 'bars and no more required by police for investigation purposes, therefore, the case of the petitioner becomes that of further inquiry and it is yet to be determined as to which party is the aggressor.
7. For what has been discussed above, as the case of petitioner is that of further inquiry, therefore, he is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.