MUHAMMAD ISHAQ KHANJ.-Zarin Khan has applied for his release on bail in a case under Section 307 P.P.C registered vide F.I.R No.24 dated 13.2.1988 of Police Station Pezu. His bail application was earlier rejected by the order dated 29.5.1988 of the Illaqa Magistrate and subsequently by the Additional Sessions Judge, Bannu per his order dated 18.6.1988.
2. Arguments of the learned counsel for the petitioner and learned Assistant Advocate General on behalf of the State have been heard and record of the case has been examined.
3. The accused-petitioner is directly charged in the F.I.R. The occurrence allegedly took place at 'Pashin Wella' and the report was lodged at 4.00 P.M. The distance between the spot and the Police Station is about 13/14 miles. There is, therefore, no delay in lodging the F.I.R. The injuries sustained by the complainant as a resuIt of fire arm shot are duly supported by the medical evidence. The Medical Officer declared the injuries as grievous. The fact that only one person is charged for firing at the complainant in the broad day light there are hardly any chances of substitution or mis- identification. Learned counsel for the petitioner argued that the accused petitioner allegedly fired at the complainant from the distance of ten feet which would suggest that the petitioner had no intention to attempt at the life of the complainant keeping in view the seats of the injuries caused.
This argument of the learned counsel at this stage is of no avail because causing injuries to the complainant by a fire shot is a sufficient ground to believe that the accused did attempt at the life of the complainant and the fact that which part of the body of the complainant was hit is immaterial in the circumstances of the case. Prima facie the accused- petitioner is fully connected with the commission of the crime and I do not feel inclined to allow bail to the accused-petitioer.
4. Accordingly this bail petition is dismissed.