MUHAMMAD MUNIR KHAN, J-This is an application for grant of bail to Maqsood Ahmad petitioner in a case under sections 302/307/109/379/148/149 PPC. Registered at P.S. Saddar Hafizabad, vide FIR.
No:148/86 dated 3.4.1986.
2. The prosecution case is that the petitioner and 4 others all carrying fire-arms launched murderous assauIt on Aman Ullah and caused his death by fire wounds on 3.4/1986 in the area of Kot Panah of P.S. Hafizabad. As for the petitioner it has been alleged that he had fired shot from his gun hitting on the lower part of the leg of the deceased.
3. Learned Counsel for the petitioner submits that the petitioner was arrested in April, 1986 and the trial has not concluded and that the medical evidence does not support the part attributed to the petitioner. Learned counsel for the State has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I feel persuaded to agree with the learned counsel for the petitioner.I find that the petitioner is in jail for more than two years, yet the trial has not concluded; that the part attributed to the petitioner that he had fired shot on the calf of the deceased, does not find support from the post-mortem examination report which shows that no injury was found of on the lower part of the leg of the deceased.
For what has been said above, the petitioner is allowed bail in the sum of Rs.20,000./- with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Hafizabad.