' MAZHAR IQBAL SIDHU, J.---Allah Ditta petitioner has sought for post-arrest bail in a case registered vide F.I.R. No,578 of 2011 dated 3-9-2011 under sections 324/452, P.P.C. At Police Station Basirpur, Distt. Okara on the complaint of Muhammad Ameen about an occurrence which allegedly took place on 2-9-2011 at 5-00 p.m.
2. Tersely the prosecution case is that on the day of occurrence, Allah Ditta petitioner while armed with .30 bore pistol along with co-accused Sarfraz armed with .30 bore pistol, Sakhi Muhammad .7 MM rifle, Mushtaq Ahmad with Sota trespassed house of Mukhtar Ahmad nephew of the complainant. Co:accused Mushtaq raised Lalkara that Mukhtar and others be taught a lesson for having committed murder of ' Mst. Abida Bibi whereupon co accused Sakhi Muhammad made fire shot with his .7 MM rifle which hit Najma Bibi on her right arm, thereafter, he again made fire shot at Mukhtar Ahmad but the same went missed and then Allah Ditta petitioner made fire shot with his .30 bore pistol which hit on left thigh of Ibrar Ahmad and he was followed by co-accused Sarfraz who made fire shot with his .30 bore pistol hitting on his right thigh. Two unacquainted persons kept on making aerial firing and thereafter the petitioner along with his co-accused disappeared from the scene.
3. Learned counsel for the petitioner submits that there is.Delay of about 24 hours in lodging the F.I.R.; before the instant occurrence on 2-9-2011 at 4-30 p.m., his real sister Mst. Abida Bibi widow of Mukhtar Ahmad was done to death by Ahmad Nawaz and others and for the same case F.I.R.
No,576 dated 2-9-2011 under sections 302/34, P.P.C. Was registered at Police Station Basirpur on the complaint of Mst. Sharifan Bibi and in the said case petitioner had stood as one of the eye- witnesses because of the same, petitioner has been falsely involved in the instant case so that he may be pressurized to renege of his statement. Further submitted that injury allegedly attributed to the petitioner has been found located on non-vital part of the body and as per doctor, injury falls within the mischief of section 337F(iii), P.P.C, the same provides maximum punishment up to three years. Further submitted that he did not repeat fire, in this way, intention to kill the alleged victim is missing in this case. Lastly, it has been submitted that during investigation, it has transpired that petitioner was empty handed at the spot and did not cause any injury to the injured, in this way, nothing has been recovered from him and has prayed for the grant of bail on the basis of principle of further inquiry as to the involvement of the petitioner. Learned counsel has relied upon 2009 YLR 2179 in support of his contentions.
4. Learned D.P.-G. Assisted by learned counsel for complainant has opposed bail by submitting that petitioner is nominated in the F.1.R. On account of previous incident, he along with his co- accused after having entered the, house of injured, caused injury to Ibrar and Mst. Najma Bibi co- injured; police opinion is not binding upon the court and prima facie applicability of section 324, P.P.C. Exists in this case. Further submitted that offence alleged is not bailable despite the fact that qua the injury maximum sentence tray be up to three years but the petitioner cannot claim bail as a matter of right, in these circumstances, he is not entitled for grant of bail.
5. Hearkened and record perused.
6. It has gone unchallenged that before lodgment of F.I.R., on 2-9-2011 Mst. Abida Bibi was murdered by Mukhtar Ahmad and others, case was registered and in the said occurrence, petitioner had been cited as one of the eye-witnesses and deceased of the said case is real sister of the petitioner. The injury allegedly attributed to the petitioner has been seen available on non-vital part of the body and he did not repeat fire shot. So far as injury is concerned, the same has been declared falling under section 337F(iii), P.P.C. Entailing maximum punishment up to three years along with Daman. Police investigation has absolved the petitioner in non-making any fire shot at Ibrar Ahmad injured as he has been found empty handed at the place of occurrence and on account of previous enmity, his false involvement cannot be ruled out.
7. Under these circumstances, prima facie material available on record makes out a case of further inquiry entitling the petitioner for grant of post-arrest bail. Thus, instant petition is allowed and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with one surety in the like amount to the satisfaction of learned trial Court.