' The allegation against the petitioner, Mumtaz alias Nanha is that he being armed with sota joined by his twenty armed co-accused launched an attack on the complainant party and murdered Muhammad Nazir, besides causing injuries to Mst. Sajida Bibi, Mumtaz, Muhammad Ramzan and Muhammad Boota.
2. After hearing learned counsel for the parties and perusing the record, it is observed that the petitioner allegedly caused an injury, by means of his weapon (sota) on the person of Mst. Sajida Bibi which falls within the definition of Section 337-L(2), P.P.C. And constitutes a bailable offence. As per allegations, he did not touch the deceased or the other injured PWs. Did he have the community of intention with his co-accused at the relevant time of the alleged occurrence is a question, which may better be taken care of by the learned trial Court during the course of the trial.
Learned counsel for the complainant has enthusiastically pointed out that the petitioner admitted his guilt during the course of investigation before the Investigating Officer and accepted the liability of making a fire shot at the deceased, whereafter he led to the recovery of rifle .8 mm on 04.04.2014. Learned counsel believes that such a confession on the part of the petitioner is a crucial circumstance which may validly be resolved against him. Even if this contention of the learned counsel is taken into consideration, it would become a case of more than one version, on the prosecution side. It would be for the learned trial Court to assess whether the case set up by the prosecution, on completion of the investigation is to be believed against the petitioner or the case set up by the complainant in the FIR is more plausible. The eye-witnesses who rendered statements under Section 161, Cr.P.C. Immediately after registration of the FIR still stick to the story of FIR, as narrated by the complainant, Nabi Ahmad. Sufficient reasons exist to believe that the petitioner's case calls for further probe into his guilt, within the scope of Section 497(2), Cr.P.C.
Therefore, this application is allowed and petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs,2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.