MALIK HAQ NAWAZ, J.---The petitioners filed the instant Criminal Miscellaneous No. 226 of 2019 for grant of post arrest bail arising out of FIR No.65/2019 under sections 324/285/290/34, P.P.C. registered at Police Station Airport Gilgit after having been failed to obtain the concession of bail from the Court of learned Additional Sessions Judge Gilgit.
2. The brief facts of the case have been highlighted in para 02 of the impugned judgment, which para is re-produced as under:- "Brief facts of prosecution's case according to FIR are that petitioners/accused along with co- accused namely Shoaib attempted to commit murder of complainant Khaliq Jan resident of Kashrote by firing on him. Bullet crosses by touching forehead of complainant and luckily complainant survived. Hence FIR No.65/2019 has been registered in Police Station Airport Gilgit under sections 324, 290 and 285/34 P.P.C on written application of complainant/victim."
3. The learned counsel for the petitioners submitted that the case is false and an afterthought story has been narrated in the FIR. One of the co-accused namely Shoaib, who is attributed the similar role in the FIR has been released by the local police under section 169, Cr.P.C. Per learned counsel the case of the petitioners is identical to the case of the accused Shoaib, hence law of consistency is fully attributed in the case. There was no apparent motive to commit murder of the complainant and intention to kill is completely lacking in the case of the petitioners, which falls within the scope of further inquiry falling under section 497(2), Cr. PC. Lastly that the petitioners are non convict and non more required for the purpose of investigation.
4. On the other hand the learned Dy. Advocate General submitted that the petitioners/accused are directly charged in the FIR, with a specific role of opening fire shots on the victim, who sustained bullet injury on his forehead, which is the most vital part of the body. The offence entails 10 years' R.I, which fall within prohibitory clause of section 497, Cr.P.C. The petitioners/accused does not deserve the concession of bail.
5. The petitioners are directly charged in the FIR but one of the co-accused namely Shoaib has been released by the police under section 169, Cr.P.C. No medical certificate of the victim is available on the file, which may substantiate the allegations mentioned in the FIR. The "intention to kill" will be determined at the time of trial after recording of evidence by the trial Court. The case of the petitioners is one of the further inquiry. The petitioners are admitted to bail subject to their furnishing bail bonds of Rs. 500000(five lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.