ORDER MAZHAR IQBAL SIDHU, J.---Muhammad Azam petitioner has sought post arrest bail in the case registered vide F.I.R. No.328 of 2009 dated 6-11-2009 under sections 109/324/143/149, P.P.C. At Police Station Qila Kalarwala, District Sialkot on the written complaint of Muhammad Asif. During the investigation, offence under section 334, P.P.C. Was also added, as the injury suffered by Sajid Shah victim resulted in amputation of his leg.
2. Pithily the prosecution allegations are that Muhammad Azam petitioner while armed with pump action gun along with his co-accused Muhammad Nazim armed with pistol, Muhammad Boota armed with.12-bore gun and Zaheer Ahmad armed with pump action gun and three unknown persons assaulted Sajid Shah brother of the complainant; Muhammad Azam petitioner made first fire shot with his pump action gun hitting on his right thigh, thereafter Zaheer Ahmad made a fire shot which also hit at the right leg of the victim, who fell to the ground and thereafter Muhammad Boota, Muhammad Nazim along with three unknown persons kept on firing, and incident allegedly took place on the instigation of Muhammad Boota.
3. Learned counsel for the petitioner submits that on account of enmity the petitioner has been falsely involved; the injury allegedly attributed the petitioner did not make complications the same resulted in amputation of right leg; the petitioner is behind the bars for the last one year, is no more required for further investigation and the bail may be allowed.
4. Learned DPP has opposed the bail application on the ground that the petitioner is nominated in the F.I.R. With a specific role, the matter was reported to the police without any delay, the injury attributed to the petitioner exists as per Medico Legal. Report of the injured and the contention of the learned counsel for the petitioner with reference to the non-receiving of the injury is misconceived. It has further been argued that the victim has received two injuries, one is the entry and the other is exit. It has lastly been maintained that the petitioner remained absconder for more than one year and injury attributed him has resulted in amputation of right leg of the victim, who is a young man and has become limbless.
5. Hearkened. Record perused.
6. Occurrence took place in this case on 6-11-2009 at about 6-30 a.m. The case was registered on the same day at about 10-30 a.m. And the time spent between the occurrence and the matter reporting to the police does not make any doubt that the F.I.R. Was lodged with due deliberation, petitioner made a gun shot hitting on the right thigh of the victim, according to Medico Legal Report there are two injuries one is entry and the other is exit, there is no third injury available on the Medico Legal Report and because of the injuries received by the injured his right leg has been amputated and on account of the same offence under section 334, P.P.C. Has been added to the F.I.R. The argument of the learned counsel for the petitioner that the injury attributed to the petitioner was not resulted in amputation of leg of the victim are misconceived, petitioner remained fugitive from law for about one year has been connected with the commission of offence as opined during the investigation.
7. For what has been discussed above no case for the grant of bail is made out, henceforth the petition is dismissed..