1. IMAM BUX BALOCH, J.---The applicant seeks post arrest bail in Crime No.60 of 2010 of Police Station Sijawal, under sections 324, 148, 149, 504, P.P.C.
2. The case of the prosecution in precise is that the lands of complainant are near the lands of Khair Muhammad Jalbani . On 9-7-2010 he along with his brother Jan Muhammad and maternal cousin Ghulam Asghar went to look after the water rotation on Saeed Khan Junejo minor and they found that the minor was closed. They tried to open the water rotation from the said minor, at 9-00 p.m.
3. On the light of torch they identified Meer Muhammad having gun, Akbar having rifle, Baboo alias Ghulam Rasool having Kalashnikov, Ghulam Hussain with hatchet, Muhammad Murad with gun, and Manzoor with hatchet in their hands. The complainant party asked the accused why they have closed the minor and disturbed the water rotation, to which accused Meer Muhammad abused the complainant party and aimed his gun towards them and fired straight, which hit Jan Muhammad brother of complainant on his right arm. The complainant lodged such F.I.R. With Police Station Sijawal. After usual investigation the report under section 173, Cr.P.C. Was submitted and the case is pending in the Court of learned Sessions Judge, Kamber-Shandadkot. The bail application of applicant was refused by the learned Sessions Judge, Kainber-Shandadkot vide its order dated 28-8-2010.
4. The medico-legal certificate of injured Jan Muhammad reveals that the injury declared as Jurh Ghayr Jaifah Hashimah, which falls within section 337-F(v), P.P.C., which is punishable with Daman and imprisonment; for five years.
5. Mr. Inayatullah G. Morio, learned Counsel for the applicant, has relied upon the case of Master Dur Muhammad v. The State 1994 PCr.LJ 1769, case of Meeran Baldish v. The State PLD 1989 SC 347 and the case of Muhammad Umar v. The State PLD 2004 SC 477.
6. Mr. Fida Hussain Shah, learned State Counsel, vehemently opposed for grant of bail.
7. In the case of Master Muhammad Umar, the allegation against Muhammad Umar was that he had fired upon injured Shahid Iqbal and caused injuries on the outer side of the right leg's middle part of the injured Iqbal. The Hon'ble Supreme Court granted bail to Muhammad Umar on the ground that the challan has been submitted and as the injury was caused on non-vital part of body, hence petitioner Muhammad Umar had no intention to kill the injured.
8. In the case of Miran Bux (supra) it was held by the Hon'ble Supreme Court that the allegation against Miran Bux was that he has caused gunshot injury to the deceased in his leg and that injury was as per postmortem report neither fatal nor caused on the vital part of the body and was declared to be simple.
9. In the case of Master Dur Muhammad (supra) the complainant had received six injuries as per medico-legal report and all the injuries were on non-vital parts of the body and this Court after considering all the aspects of case and relying upon the case of Miran Bux confirmed the pre- arrest earlier.
10. In the instant case the allegations against the applicant are that he has caused gunshot injury on the right arm, which was declared as Jurh Ghayr Jaifah Hashimah punishable with Daman and imprisonment for five years. Following the dictum laid down by the Hon'ble Supreme Court, I am of the considered view that applicant Mir Muhammad is entitled for concession of bail. Consequently, bail is granted to the applicant subject to furnishing solvent surety in the sum of Rs. 50,000 and P.R.
11. Bond in the like amount to the satisfaction of learned trial Court.