MALIK HAQ NAWAZ, J.---The petitioner Nadir Abbas son of Hussain Ali Khan has filed the instant Cr. Misc. No. 91/2019 for grant of post arrest bail in a case registered against him under sectio ns 324/ 353/186, P.P.C. and 13 A.O. vide FIR No. 69/2018 of Police Station Basin, District Gilgit.
2. The brief facts of the case have been mentioned in para 2 of the impugned judgment passed by the learned Addl. Sessions Judge Gilgit. The relevant para is reproduced for ready reference:- "Brief facts of prosecution's case accord ing to FIR are that petitioner/accused attempted to commit murder of Police Officials by firing on them with pistol who went to the house of petitioner /accused to bring him to Police Station in connection with an applicatio n submitted by one Shoukat Hussain resident of Sharote against the petitioner/accused. Hence FIR No. 69/2018 has been registered in Police Station Basin Gilgit under sections 324/353/186, P .P.C. and 13 Arms Ordinance, 1965."
3. The learned counsel for the petitioner submitted that facts of the case have been over exaggerated by the complainant to make the allegations heinous. The offences mentioned in the FIR are bailable except section 324, P.P.C., which is not attracted in the case. The case of the petitioner is one of the further inquiry falling under section 497(2), Cr.P.C. and he deserves the concession of bail. The learned counsel relied on 2004 YLR 104, 1999 PCr.LJ 140, 2010 MLD 344 , 2007 YLR 255 and 2008 PCr .LJ 153 in support of his arguments.
4. The learned Dy. Advocate General submitted that the accused/petitioner opened fire shots on the police party and was caught red handed with the weapon of offence. The accused/petitioner resisted his lawful arrest and showed a reckless attitude. The provisi ons of section 324 are fully attracted and the offence falls within the prohibitory clause of section 497, Cr.P.C. The bail has rightly been refused to the petitioner/ accused by the trial Court.
5. The accused is directly charged in the FIR with the allegation that he opened fire shots on the police party , who went to arrest him. The statements of the police officials have been read over in the open Court, which are discrepant about the attraction of section 324, P.P.C. The tentative assessment at bail stage when carried out, the intention to kill still remains to be thrashed out by the learned trial Court after record ing of some evidence. The case is one of the further inquiry , the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.
100,0000/- (Rupees ten lac) with two sureties each in the like amount to the satisfaction of learned trial Court.
6. Bail granted.