Through this single order, I intend to dispose of two bail petitions; first filed by the petitioners namely Abid Nawaz and Sajid Nawaz seeking their post-arrest bail i,e, Crl. Misc. No, 7203-B of 2017 and the other filed by the petitioner Sagheer Ahmed seeking post-arrest bail i,e, Crl. Misc. No, 7281-B of 2017 as both the matters have arisen out of same FIR No, 250/2017, dated 02.9.2017, offences under Sections 324, 436, 148, 149, PPC read with Section 7-ATA, 1997, registered with the Police Station Seetpur, District Muzaffargarh.
2. The nutshell of the prosecution case described in the contents of FIR, lodged by Sardar Toqeer Abbas Khan complainant on 02.9.2017, is that, on the same day he transported the soil through a tractor-trolley in his plot measuring 12 marlas near Adda-Seetpur in order to raise constructions over there, which reached there at about Maghrib time, where, the petitioners and their co- accused while armed with fire-arm weapons opened straight firing upon them, as a result whereof, Jamshed, Asif, Sohanra, Tariq, Abdul Ghaffar and some passerby namely Ali Ahmed Tiflak, Ali Muhammad Adeel, Nadia Bibi, Maqsood Bibi have sustained fire-arm injuries. During the occurrence, the accused persons have also set on fire the tractor and trolley. The complainant has alleged that the accused wanted to get possession of plot.
3. Arguments heard. Record perused.
4. Perusal of the record reveals that the petitioners are well nominated in a promptly lodged FIR with specific roles of causing firearm injuries .with fire-arm weapons on different parts of bodies of injures P.Ws. The petitioners have also repealed the act of firing. The statement of witnesses recorded by the police under Section 161, Cr.P.C. corroborates the prosecution version in letter & spirit. Medical evidence prima facie lent support to the allegations levelled against the petitioners.
5. So far as the contention of learned counsel for the petitioners that the petitioners are innocent and as a matter of fact, the complainant party launched an attack upon the accused persons and in this regard a criminal case has already been registered against them, it is noticed that according to the report of Consolidation/ Revenue Officer concerned, the complainant was in possession over the plot in question. Even otherwise, the criminal case referred by learned counsel. for the petitioners has been registered after reporting the instant matter to the Police. The burnt tractor-trolley and crime empties have also been recovered from the place of occurrence. The guns .12 bore have also been recovered from the possession of petitioner Sajid Nawaz and Abid Nawaz during the investigation. Moreover, during two successive investigations, the petitioners have been found guilty.
6. Prima facie, case against accused, fell within prohibitory clause and it has been held in "Wazir Muhammad v. The State" (2015 YLR 2461) that accused would be entitled to the discretionary relief of grant of bail when on the tentative assessment of material brought on record before it, the Court would reach to a conclusion that there were no reasonable grounds for believing that accused was guilty of a non-bailable offence, or an offence punishable with death, imprisonment for life or imprisonment for ten years and in the absence of such findings, Court was debarred to hold that case was of further inquiry, entitling accused to bail within the meaning of S.497(2), Cr.P. C.
7. At present, who prosecution is equipped with sufficient incriminating material at this stage, which connect the petitioners with the commission of alleged of offence. Learned counsel for the petitioners has failed to pulls the case within the ambit of further inquiry, therefore, I feel no hesitation to hold that the petitioners are not entitled to the concession of post-arrest bail as deeper appreciation is not required at bail stage.
8. For the above reasons, both the captioned petitions are dismissed.
9. Before parting with this order, it is however made clear that the findings made hereinabove are tentative in nature and meant only for disposal of the petitions in hand. These shall have no bar on anybody's case at trial.