The petitioner who is involved in a case under section 324 of Qisas and Diyat Ordinance, arising out of F.I.R. No34, dated 24-3-1991, registered at Police Station Isa Khel, District Mianwali, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner is that he while armed with pistol injured Ijaz Muhammad.
3. The learned counsel fur the petitioner has vehemently contended that nature of the injury shows that the petitioner had no intention to cause the death of the injured P.W., hence the case does not fall within the ambit of section 324, Qisas and Diyat Ordinance, hence the case against the petitioner is one of further inquiry and he is entitled to bail as a matter of right because it would be determined after the recording of some evidence whether the offence falls under section 324, Qisas and Diyat Ordinance or under section 337-F which is punishable only up to three years at the most and is not covered by the prohibitory clause of section 497, Cr.P.C. And placed reliance on 1990 P Cr. L J 987, 1976 SCMR 168 and Criminal Miscellaneous No.1165/B of 1920.
4. The learned counsel for the State assisted by the learned counsel for the complainant and Police Officer has submitted that the petitioner is the sole accused mentioned in this F.I.R. And opened fire with a pistol and injured Ijaz Muhammad injured P.W. Who being a young man of 23 years survived the attack fortunately otherwise the petitioner had done his utmost to take his life as is apparent from the medico-legal report which shows that numerous pellets are still in the chest cavity of the injured P.W. The nature and the manner in which the injury was caused coupled with the motive is a sufficient to disclose the intention of the petitioner and the case fairly and squarely falls within the ambit of section 324 of Qisas and Diyat Ordinance and this Court at present has to place reliance on the material i.e. F.I.R. Statements of witnesses under section 161, Cr.P.C. And other incriminating articles recovered during the investigation to form opinion whether the case falls under section 324 ibid or not and in the presence of the above circumstances, the case falls under section 324 ibid which is punishable with imprisonment for 10 years, hence falls within prohibitory clause of section 497, Cr.P.C.
I have heard the learned counsel for the parties and perused the police file and I find substantial force in the submission of the learned counsel for the complainant that at present in the presence of the material so far collected the case prima facie falls under section 324 of Qisas and Diyat Ordinance which comes within the purview of prohibitory clause, hence no case for the grant of bail is made out. This petition is dismissed accordingly.
N.H.Q./M-267/L