Through this petition, Tahir Khan, petitioner seeks post arrest bail in case F.I.R No, 252 dated 10.10.2012 under Sections 324/337- F(iii), P.P.0 registered at Police Station Mooch District Mianwali,
2. As per F.I.R the occurrence took place at 10.00 a.m. on 10.10.2012 and the matter was reported at 10.00 p.m. on the same day. The F.I.R was registered on the statement of Shan Ullah Khan, the injured of this case stating therein that he was fired upon by the petitioner while he was going on motorcycle and the fire hit on his thigh. He was medically examined and the doctor observed firearm injury on his person. The petitioner was arrested on 22.01.2013 and during investigation, he got recovered .30 bore pistol. No crime empty was recovered from the place of occurrence.
3. Learned counsel for the petitioner states that there was some dispute between the parties; that earlier brother of the petitioner was murdered by the family member of the injured/complainant and as such this case has been fabricated; that in the medico legal report, it is clearly mentioned that the duration of the injury was 1 to 2 hours whereas the medical examination was got conducted at 9.00 p.m. on 10.10.2012 and in the circumstances, apparently the injured received firearm injury at 7,00 p.m. whereas the occurrence statedly took place at 10.00 a.m. as such the injury mentioned in the medico legal report was later on fabricated. Learned counsel submits and that there is an unexplained delay of 12 hours in lodging the F.I.R, so in these circumstances, keeping in view that there is not allegation of repeating the injury, the involvement of the petitioner under Section 324, P,P.0 is not made out. Further states that the said injury was later on found falling under Section 337-F(iii), P,P.0 which is at the most punishable with three years R.1 and does not fall with prohibitory clause of Section 497, Cr.P.C,
4. On the other hand, learned law officer states that the petitioner was duly named in F.I.R; that he was armed with .30 bore pistol and fired upon the complainant which hit on his thigh; that the injured/complainant was medically examined and the doctor observed firearm injury on his thigh so no ground for bail is made out.
5. I have heard the arguments of both sides and have also gone through the available record.
6. Admittedly, the medical examination was got conducted at 09.15 p.m. on 10.10.2012 and in that medico legal report, it is clearly mentioned that the duration of injury is 1 to 2 hours so according to observations of the doctor, the injured received injury at about 7.00 p.m. whereas the occurrence statedly took place at 10.00 a.m. The role assigned to the petitioner was that of causing single firearm injury which later on was found falling under Section 337-F(iii), P.P.0 which is punishable for three years R.I. There is no allegation of repeating the injury. So in these circumstances, involvement of the petitioner under Section 324, P.P.C. needs further probe. As there is discrepancy in the medical and ocular account in respect of time of occurrence, so at this stage, case of the petitioner remains that of further inquiry. The petitioner is behind the bars for the last six months and trial has not been concluded. In this view of the matter, I think the petitioner has made out a case for his bail. Consequently, this petition is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,5,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.