JUDGMENT khizar Hayat J.-Gul Nawaz alias Gutlop, petitioner herein, stands arrested in a case (FIR No. 38/8 ) registered against him and two others under section 1? Of offences Against Property (Enforcement of Hadd) Ordinance, 1979, at the instance of Mukhtar alias Tar at police station Ahmad Nagar, district Gujranwala, on 29-3*1957. Petitioner was decli* ned bail by the lower Court, hence this application.
2. According to prosecution on 27-3'1987 at 6 pm., Mukhtar alias Tar, complainant, alongwith bis brother Riaz and one Ashfaq Ahmad, was returning home after closing down his shop at Warpal Chuttha. When they reached near Dhela Chattha at about 6 15 p.m , they were confronted by the petitioner an bis co-accused, namely, Javed and Sajid. The petitioner at that time was armed with a pistol, Javed with a dagger and Sajid with a carbine. At the point of fire-arms they deprived the complainant of a sum of Rs, 500 and hn wrist watch and decamped, The complainant and the PWs while on their way to police station Ahmadnagtr met ASI Tahir Farooq Cheema at S.1 Dhar Canal who was patrolling that area and lodged report with him The ASI found that the occurrence took place witnin the Jurisdiction of police station Abmad- nagar and before sending the report for formal rcgisteratiou of case at Ahmadnagar he arrested the petitioner, recovered a pistol and live car* tridges from him and brought him to police Station Alipur Chattha.
3. It appears that Alipur Chattha police then removed the petitioner with a gun-shot wound on his right arm first to Gujranwala hospital and then to Services Hospital, Lahore, for treatment, where he remained admitted for two months. The petitioner is under arrest since then.
4, According to the police, the petitioner had received bullet injury when the pistol recovered from him accidentally went off while being handle o by HJ Imtiaz for placing it in Malkhana. On the other hand, petitioner's version is that when he protested against bis false implication in the case, ASI Tahir Farooq Cheema abused him. He retui neo the abuse whreupon the AS! Exhorted He Imtiaz to fire at him, in pursuance whereof of the Head Constable fired at and injured him. It may be stated that the petitioner's brother Cn. Muhammad Azam has filed a writ petition ('W. P. Ho. 2611/87) on the above lasts seeking a direction for registering case against the aforesaid Asiststant Sub Inspector and Head Constable which is pending decision as yet,
4. It is contended that the case is false. It has been registered against the petitioner to forgo a deionce for the police officers who are responsible for shooting at and injuring him. Learned counsel for the state opposed the petition and stateu mat currency notes of Rs 500 looted from the complainant have oeen recovered from the petitioner and thus he stands connected with the crime.
6, I have earefully considered the facts and circumstances of the case. The petitioner is in jail since 29-3-17. He is no more wanted by the police lor investigation and interrogation. Tke stolen property allegedly recovered from the petitioner (cusicncy notes) is of common pattern. The question whetner me petitioner nad been injured with a pistol deliberately oy the Head Constable or by accident, remains to be resolved. Witnout expressing on merits, however, in view el tacts narrated above, I feel inclined to allow tnis petition and direct that the petitioner be released on bail subject to his turnisning bail-bonds in the sum of Rs. 30.UUU (Rupees Thirty Thousand only) with two sureties each in the like amount, to the satisfaction of AC/Duty Magistrate, Wazirabad,