Through the instant petition, the accused-petitioner, namely, Khalid seeks his release on bail in case FIR No, 75 dated 26.1.2013 under Section 354/34, PPC registered at Police Station, Nowshera Kalan. He was refused bail by the Courts below, so he has approached this Court for his release on bail.
2. According to the first information. report lodged by Fazle Khuda complainant an injured condition on 26.1.2013 made a report at casualty DHQ Hospital, Nowshera in presence of Salman Ullah to the effect that on the same day at 1930 hours, he alongwith Salman Ullah came out and proceeded to their `Hujrah' when reached near the place of occurrence, accused-petitioner Khalid and his brother Rashid duly armed with weapons were standing there and on seeing the complainant party accused-petitioner Khalid started firing at them as a result of which complainant sustained injuries while the co-accused Rashid started beating the companion of the complainant Salman. Ullah with bricks who has also sustained grievous injuries on his person.
Motive for the offence was given to be an altercation upon the disputed bricks.
3. I have heard the learned counsel for the parties and have gone through the record of the case.
4. Perusal of the materials available on file leads me to hold that the accused-petitioner has been directly charged by the complainant in the promptly lodged FIR for attempting at his life as well as at the life of his companion Salman Ullah. Moreover, the parties are known to each other and thus question of mistaken identity does not arise at the moment. Medico legal reports on the two victims further corroborate the version of the complainant. Thus, there appears reasonable grounds for believing that the accused-petitioner is connected with the offence charged with, punishment for which is ten years and as such the case falls within the purview of prohibitory clause of Section 497, Cr.P.C. and tentative assessment of the materials so far brought on record prima facie, connect the accused-petitioner with the commission of offence. Thus, he is not entitled to the concession of bail.
5. For the reasons stated above, I find no substance in this petition, which is accordingly dismissed.