1. ' AFTAB AHMED GORAR, J.---Through this bail application applicant seeks post arrest bail in Crime No,214 of 2012 for offences under sections 324 353, 186 and 34, P.P.C. Registered at Police Station Azizabad.
2. ' The allegation against applicant as per F.I.R are that he along with co-accused Farooque, Kaimil and Aamir were going in Rikshaw, Rickshaw belongs to accused Aamir, when police party tried to stop them, to which they did not stop and started firing upon their respective pistols upon police party with an intention to commit their Qatl-e-amd, except co-accused Aamir, who was driving.
3. Tiring made injured the Police Constable Zaffar Siddiqui which hit at his right chest. He was arrested on the spot with co-accused and one .30 bore TT pistol loaded with two live bullets was recovered from his possession and recovery was also effected from co-accused.
4. ' Counsel for applicant states that applicant is innocent who has been falsely implicated in this case by the prosecution and recovery is foisted upon him. He submits that no specific role is assigned to present applicant. He submits that co-accused Aamir has been admitted on bail, therefore, he is also entitled for the concession of. Bail. No private witnesses are associated which is clear violation of section 103 Cr.P.C. He relied upon case-law report in 1998 SCMR 314, 2005 YLR 112 and 2005 M LD 164. He prayed for Bail.
5. ' Learned A.P.G opposed the grant of bail. He submits that recovery of .30 bore TT pistol loaded with two live bullets is recovered from the possession of applicant/accused is sufficient to connect him with the commission of offence. He submits that report of ballistic experts in respect of bullets is in positive. He submits that injured is still in hospital.
6. I have heard. The learned counsel for the parties and have also perused the record.
7. Applicant/accused was arrested on, the spot by police party and from his exclusive possession a TT pistol loaded with two live bullets, is effected. No enmity is shown by the applicant/accused that prosecution has falsely implicated him in this case and managed pistol with two live bullets against the applicant/accused. The firing made from the Rickshaw has injured Police Constable Zaffar Siddiqui, is still in hospital. Independent witnesses are avoiding in such type of cases to witness the incident, therefore, police witnesses are as good witnesses as independent witnesses.
8. Moreover the role of co-accused Amir, who is admitted on bail is different to that of present applicant/accused, allegation against that accused is that he was only driving the Rickshaw. The offence falls within the ambit of section 497(1), Cr.P.C. The facts and circumstances of the case- laws referred above are distinguishable to that of instant case, therefore the same are not applicable.
9. ' The result of above discussion is that counsel for applicant/ accused has not been able to make out a case for bail, therefore, this bail application is dismissed. However, learned trial Court is directed to examine at least two witnesses i,e, complainant and witness within three months.