Through the instant petition, Muhammad Shafat petitioners seeks pre-arrest bail in case FIR No. 448/2018, dated 12.11.2018, of fences under Sections 324/34,. PPC, registered at police station City Joharabad, District Khushab.
2. Arguments heard. Record perused.
3. As per brief allegations levelled in the FIR, the petitioner along with his co-acc used while armed with different fire-arms launched an attack upon the complainant party . Muhammad Shafat petitio ner has been assigned the role of making a fire shot of carbine 12. bore, which landed on the right hand, right thigh and above tastical region of Muhammad Asif Aziz (PW).
4. It is a case of cross versions. The occurrence in the State case took place on 12.11.2018 at 11.05 a.m. The petitioner lodged cross version case on the same day i.e., on 12.11.2018, at 1.00 p.m (noon), with the allegation that in fact the complainant party of the State case was aggressor and caused different injuries on his body .
Muhammad Shafat petitioner was also Medically examined on the day of occurrence i.e., 12.11.2018 at 1.50 p.m (noon). According to the medico legal report of Muhammad Shafat petitioner , there are as many as seven injuries on his body . The injuries of the petitioner s have been declared by the concerned Medical Officer to be punishable under Sections 337-A(ii) 337-F(v)/337-F(vi)/337-L(ii) PPC because the concerned Medical Officer noted factures of different bones of the body of the petitione r. In the relevant column of the medico legal report of Muhammad Shafat petitioner , the Medical officer categorically mentioned that there was no possibility of fabrication of any injury of Muhammad Shafat petitioner . Learned counsel for the complainant has conc eded on instructions that the complainant party of the State case has not challenged the medico legal report of the petitioner before the District Standing Medical Board. Moreover , Bashir Ahmad ASI, who is Investigating Officer of this case, as well as, the cross version case submits that he has declared five accused persons of the cross version case as guilty during the investigation of the case. As it is admittedly a case of case versions, therefo re, it will be determined by the learned trial Court' after-recording of evide nce that as to who was the aggressor and who was aggressed upon and as such, case for grant of pre-arrest bail is made out in favour of the petitioner . Reliance in this respect may be placed on the cases of "Hamza Ali Hamza and others v. The State (2010 SCMR 1219 ) and "Syed Darbar Ali Shah and others vs. The State' (2015 SCMR 879 ).
5. In the light of above discussion, the instant petition is allowed and ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs. 1,00,000/- (Rupees one hundred Thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.