' MEHMOOD MAQBOOL BAJWA, J.---Post-arrest bail is being sought by the petitioner in case F.I.R. No, 606 of 2009 registered under section 324 read with section 34 of The Pakistan Penal Code, 1860 at Police Station City Toba 'Tek Singh.
2. Accusation in brief contained in the F.I.R., recorded on the strength of written application of Rafique Masih are that on the midnight of 23rd and 24th December, 2009; present petitioner armed with .12-bore gun along with co accused also armed with different fire arms in the company of one unknown assailant entered in the house of complainant. Muhammad Ashfaq (co-accused) made firing in order to get the door opened and later on petitioner as well as co accused entered in the house. Present petitioner made fire with .12-bore gun hitting on the right leg of his son Tariq Rafique.
Later on all accused, while taking advantage of darkness managed to escape. A Motive behind occurrence is alleged abduction of daughter of the complainant regarding whose abduction case F.I.R. No,591 of 2009 was registered under section 365 of The Pakistan Penal Code, 1860 at Police Station City Toba Tek Singh and the accused party was extending threats to the complainant party to refrain from pursuing the case.
3. Pleading innocence of petitioner, learned counsel for the petitioner contended that petitioner has been falsely implicated in the present case. Maintained that there is conscious attempt on the part of complainant to implicate the petitioner not only in present case but also in case F.I.R. No, 591 of 2009 with the allegation of abduction of Attia Mariam daughter of complainant though she after embracing Islam contracted marriage with present petitioner. Submitted that though injury has been attributed to the petitioner but same is on non-vital part and in absence of repetition of fire question of applicability of section 324 of The Pakistan Penal Code, 1860 will be a moot point to be resolved at the conclusion of trial. Maintained that petitioner is in judicial lock up in present case since 30th November, 2010 and trial has not been concluded. Contended that in the circumstances, the petitioner is entitled to concession of bail.
4. Arguing the petition on behalf of complainant and prosecution, learned D.P.-G. As well as learned counsel for the complainant maintained that petitioner has been specifically nominated in the promptly lodged F.I.R. Further submitted that many cases stand registered against the petitioner at Police Station Dijkot and other Police Stations of Faisalabad, which .Disentitle him to have post- arrest bail. Further contended that while dismissing the application learned Addl. Sessions Judge, issued direction for expeditious disposal of the ease and as such trial can be concluded in near future which is sufficient to withhold the concession of bail.
5. It is an admitted fact that petitioner is nominated in the F.I.R. Injury has also been attributed to the present petitioner but nevertheless the said injury is not on vital part. There is allegation of making single shot against present petitioner. Omission to repeat the fire at the instance of petitioner prima facie reflects intention of petitioner and as such question of applicability of section 324 of The Pakistan Penal Code, 1860 can only be adjudicated at the time of conclusion of trial. The petitioner is in judicial lock up in present case for more than one year. Trial has not yet been concluded.
6. Keeping in view all the attending circumstances withholding of grant of bail will not serve any useful purpose and as such while accepting the application for post-arrest bail, the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs,one lac with one surety in the like amount to the satisfaction of learned trial court.