ATTAULLAH KHAN J.---The accused/petitioners, namely, Muhammad Altaf Khan, Muhammad Gulabat Khan and Muhammad Imtiaz Khan, have filed this application for their release on bail in case F.I.R. No.166 dated 13-9-2010 of Police Station Chaudhwan registered under sections 324/148/149, P.P.C.
2. Briefly stated facts of the case leading to the filing of this bail petition as per F.I.R. Lodged by the complainaht Lajmeer on 13-9-2010 at 1035 hour in injured condition in the Emergency Room of Civil Hospital D.I. Khan are to the- effect that on the fateful day he along with Jehangir were proceeding to their field from their house. At 0800 hours when reached the thoroughfare in front of the Mosque of Moulvi Abdur Rahman, accused Muhammad Altaf, Ghulab, Imtiaz, Gul Zaman and .Sardar standing there duly armed with Kalashnikovs started firing at them with which he (the complainant), Jehangir and a passerby in the street named Muhammad Suleman were hit. Motive for the offence was stated to be dispute over women-folk.
3. Learned counsel for the petitioners argued that there is a delay of two hours and thirty-five minutes in lodging the report. He further argued that one of the injuries is `Chair-Jaifa. Which is bailable. He further argued that five persons are charged for effective firing which: resulted only into injuries to the three victims, but none is specifically attributed the injuries. According to him, the passerby-victim has effected compromise with the accused/petitioners and thus the case is of further inquiry entitling the petitioners to the concession of bail.
4. On the other hand, counsel for the complainant and State submitted that delay in lodging the report was caused due to long distance between the place of occurrence and place of report.
There is ocular evidence and intention to kill is proved on the part of the accused/petitioners.
5. I have carefully, gone through the record and perused the record.
6. The medical reports of the complainant and Jehangir reveal that there is only injury on their legs.
So the injuries are on non-vital parts of the bodies. In a similar situation, this Court in the case reported in 2011 MLD 763, has granted bail to the accused. In this respect, I also rely upon an unreported judgment of this Court in Bail Petition No.141 of 2001 decided on 26-10-2001.
7. Keeping in view the above discussion, I am of the opinion that case of the accused/petitioners falls within the ambit of further inquiry entitling them to the concession of bail.
8. The application is, therefore, accepted and the accused/petitioners are admitted to bail provided each of than furnishes bail bond in the sum of rupees one lac with two sureties to the satisfaction of Maga/Judicial Magistrate.