SADAQAT ALI KHAN, J. Petitioner (Abdul Ghaffar) seeks post arrest bail in case FIR No. 99 dated 05.03.023 offences under Sections 302 and 34 P.P.C Police Station Piplan, District Mianwali, after refusing of the same by the Court below.
2. Heard. Record perused.
3. Allegedly, petitioner and his brother Abdul Jabbar caused firearm injuries on the person of Hameed Ullah (deceased).
4. Learned DPG on instruction of Aamir SI/SHO present in Court, submits that in first investigation, it transpired that although petitioner was present at the time of occurrence at the place of occurrence with 30-bore pistol but he did not clause any injury to the deceased whereas in second investigation, it came on the surface that he was not present at the time of occurrence at the place of occurrence. In these circumstances, prosecution itself has two versions viz a viz the petitioner, first of the complainant according to which petitioner caused injuries on the person of deceased and second one is of the investigation agency according to which petitioner did not cause any injury to the deceased. All these facts surely bring the case of petitioner within the ambit of further inquiry. 2020 SCMR 1241 "Najeeb Ullah v. The State and another", 2020 SCMR 417 "Zulfiqar v. The State and another", 2019 SCMR 1458 "Saif Ullah v. The State and others" and 2012 SCMR 1137 "Ehsan Ullah v. The State."
5. For the foregoing reasons, this petition is allowed and the petitioner (Abdul Ghaffar) is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,000,000/- (Rupees Five Lac Only) with two sureties each in the like amount to the satisfaction of the trial Court. However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition.