MALIK HAQ NAWAZ, J.---The petitioner has been booked for the offences under section 324/34, P.P.C. vide FIR No,20/2016 dated 24-06-2016 registered at Police Station Darel on the application of one Sherbaz son of Janzeb resident of Sangy Manikal Piyan.
2. The precise fact of the case as reflected in the FIR are that on the day of incident i,e, 24-06-2016 at about 1500 hrs, present petitioner namely Saif-ur-Rehman and one Peer Dad son of Qadar both residents of Sangy opened fire shot on Rehmanullah son of Farhad Khan. When the firing stopped for some time the complainant tried to reach near to Rehmanullah to lift him but in the meanwhile both the accused named above opened fire shot on the complainant and he got seriously injured.
One Jangi Alam, son of Jamadar also got injuries in the incident. After registration of FIR and completion of necessary investigations the present petitioner was sent to judicial lock up, while co- accused namely Peer Dad was released by the police under section 169, Cr.P.C., due to deficient evidence.
3. The petitioner applied for post arrest bail in the Court of learned Addl. Sessions Judge Diamer, which was declined vide order dated 05.05.2017 and being aggrieved from the said order the petitioner has come to this Court for concession of bail.
4. The learned counsel for the petitioner submitted at bar that there is no worth reliance evidence available on record to connect the petitioner with the alleged offences. The FIR has been lodged after deliberation and consultation and release of one of co-accused namely Peer Dad by the local police under section 169, Cr.P.C., proves that a false stay has been concocted by the complainant.
The learned counsel for the petitioner further stated that injured Rehmanullah is a proclaimed offender in FIR No, 35/2012 registered under section 302/34, P.P.C. of Police Station Darel and due to his abscondence his statements under section 161, Cr.P.C. has not yet been recorded by the police who was the main target and would be in a better position to narrate the occurrence in a better manner. The case of present petitioner is full of doubts and falls within the scope of further inquiry.
The learned counsel relied on 2001 PCr.LJ 80, 1999 PCr.LJ 810, 2008 SCM R 173, 2002 SCM R 1412.
5. On the other hand the learned Dy. Advocate General, opposed the petition with vehemence and contends that the occurrence was daylight and the petitioner has been nominated in the FIR, who seriously injured one Rehmanullah and Jangi Alam by opening fire shorts on them. The weapon of offence has been recovered from the possession of the petitioner on his pointation and a separate FIR No,38/2016 under section 13 AO has been registered against the petitioner.
6. Heard the parties at length and perused record of the case.
7. The complainant claimed himself to be an eye-witness of occurrence and his presence, is established at the place of occurrence as he was allegedly injured at place of occurrence, however it is astonishing that co-accused namely Peer Dad son of Qadar who was attributed effective firing on the person of complainant and one Rehmanullah has been released by the police under section 169, Cr.P.C. due to deficient evidence. Stamp of injuries on the person of a witness may establish his presence at the spot but whatever the stated regarding the occurrence cannot be accepted as a whole truth. The release of co-accused namely Peer Dad by the police under section 169, Cr.P.C. creates a serious doubt about the authenticity of version of the complainant which will be thrashed at the time of trial after recording of some evidence. Narration of occurrence by the complaint, where he has told half truth, the case would become as one of the further inquiry.
8. In the above discussion, the case of present petitioner is one of for further inquiry. The petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs, 1000000/-(ten lac) with two sureties each in the like amount to the satisfaction of trial Court.
9. The petition bearing Cr. Misc. No,79/2017 is hereby disposed of accordingly.