' The petitioner namely Hasnain Ahmad seeks post arrest bail in case FIR No. 161 dated 06.05.2013, registered under Section 302/34, PPC, at Police Station Shah Kot, District Sahiwal.
2. The precise allegations, against the petitioner, as per FIR, are that he alongwith his co-accused attacked at the complainant party, during which he with a Pump Action fired and caused injury on the left side of chest of Ameer Hamza, deceased.
3. Arguments heard. Record perused.
4. During the occurrence the petitioner also sustained fire shot injuries. Due to his serious condition he was referred to Mayo Hospital Lahore, where a lot of pallets were found in his body. Besides the petitioner his father Allah Ditta was also injured. When the police did not hear version of the petitioner, he preferred a private complaint under Sections 302/324/337-A.I)/337-F(i)/148/149, PPC, against the present complainant party and the accused of the private complaint, have been summoned to face the trial. In this way the matter has become of cross-version. It would be determined during the trial that which of the party was aggressor and which was aggressor upon.
The case of the petitioner requires further probe and inquiry, within the meaning of sub-section (2) of Section 497, Cr.P.C. He is behind the bars and as such no more required for any further investigation, in this case. As per record maintained by the police, he does not have any previous criminal antecedent.
5. Resultantly, the petition in hand is allowed and the petitioner is admitted to post arrest bail, subject to furnishing bail bonds in the sum of Rs. 1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.