' SADAQAT ALI KHAN, J -- The instant Crl. Misc. No, 1680-B-2014/BWP has been moved by the present petitioner Ashiq Hussain @ Kala S/o Abdul Sattar for grant of post-arrest bail in case F.I.R.
No, 238, dated 16.5.2014 under Sections 302, 148 and 149, PPC registered at Police Station, Liaquatpur, District Rahim Yar Khan after dismissal of the same by the Court below.
2. The precise allegation against the present petitioner is that he gave a soti blow to Asghar injured witness which landed on his head.
3. I have heard the learned counsel for the parties and perused the record.
4. Admittedly no injury is attributed to the present petitioner on the person of Muhammad Taqi deceased real brother of Qamar Ali complainant rather same is attributed to Sagheer Ahmad and Shafique Ahmad co-accused of the present petitioner. The only injury attributed to the present petitioner is on the head of Asghar injured PW with soti which has been declared by the Medical Officer as Shajjah Khafifah attracting offence under Sections 337-A(i), PPC which is non-cognizable and is bailable offence. A background of strained relations between the parties is duly mentioned in the F.I.R. Vicarious liability of the present petitioner will be determined by the learned Trial Court after recording of the evidence, at this moment possibility cannot be ruled out that petitioner has been falsely involved in this case by throwing a wider net with exaggeration. In view of the above petitioner has succeeded to make his case as that of further inquiry. Reliance is placed on case "Muhammad Boota v. The State and others" (2014 SCM R 1355) in which august Supreme Court of Pakistan has observed at page 1357 as under:- "It is not denied that despite allegedly having been armed with a kalashinkov the petitioner had not fired from the same and this is a circumstance which will be considered by the learned Trial Court during the trial while determining the issue regarding sharing of common object by the petitioner with his co-accused. A background of strained relations between the parties finds a specific mention in the F.I.R. And thus, a possibility regarding exaggeration by the complainant party qua the petitioner cannot safely be ruled out of consideration at this stage. In the above-mentioned peculiar circumstances of the case the assertion of the learned counsel for the petitioner regarding mala fide implication of the petitioner in the case in hand has appeared to us to be an assertion which may not be without any foundation or substance. For all these reasons this petition is converted into an appeal and the same is allowed and,consequently, Muhammad Boota petitioner is admitted to pre-arrest bail in the relevant criminal case subject to furnishing bail bond in the sum of Rs, 50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Area Magistrate of Police Station Sabz Pir, District Sialkot within a period of two weeks from today."
5. For the foregoing reasons this petition is allowed and the petitioner is granted post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of learned Trial Court. However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition. .