S.M.ZUBAIR, J.- The petitioner who is involved in a case under Sections 324/188/148/149 PPC arising out of FIR No.247, dated 11.11.1993, registered at Police Station Saddar Bhakkar, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per F.I.R, is that the petitioner along with his co- accused while armed with deadly weapons attacked the complainant party, as a result of which Ghulam Hussain, Rab Nawaz, Zia Ullah and Zafar Abbas received injuries.
3. The learned counsel for the petitioner raised the following contentions in support of this bail application:-
(i) that the petitioner has been involved at the behest of A.C. Bhakkar when he categorically refused to oblige the A.C. Bhakkar that the transporters should accommodate 6/7 students on each wagon after over-loading it;
(ii) that the injury suffered by Ghulam Hussain though received at the hands of the petitioner by firearm is simple in nature hence no case under Section 324 PPC is made out;
(iii) that the injuries suffered by Rab Nawaz and Zafar Abbas are with blunt weapons and not with i.e-arms which make the prosecution case doubtful;
(iv) that the petitioner caused only one injury to Ghulam Hussain in defence of his property and person, thus he has not committed any offence.
The learned counsel in view of the foregoing submissions contended that the case of the petitioner is one of further inquiry and he is entitled to the grant of bail.
4. The learned counsel for the State assisted by the Police Officer, has opposed this bail application.
5. The learned counsel for the complainant submitted that nine crime empties were found at the spot which show that the firing on the students was a pre-planned act of the petitioner along with his co-accused. The petitioner being an Adda Manager called his henchmen who were notorious persons of the area and then with their active collaboration opened i.e on the innocent students who were agitating respect to with their genuine rights and thereby injured three persons namely Ghulam Hussain, Rab Nawaz and Zafar Abbas with firearms, hence the case against the petitioner fairly and squarely falls within the ambit of Section 324 PPC as the injury suffered by Ghulam Hussain by firearm has been specifically attributed to the petitioner.
6. I have heard the learned counsel for the parties and perused the record.
7. Admittedly, nine crime empties were recovered from the spot which show that there was indiscriminate firing on the students by the petitioner and his co-accused, who were protesting against the behaviour of the transporters of Bhukkar. The petitioner being an Adda Manager came from his Adda there along with his henchmen and after procuring a gun from somebody caused direct injury with firearm to Ghulam Hussain which shows that he intended to commit the murder of Ghulam Hussain, hence his case falls within the prohibitory clause, and he is not entitled to the grant of bail, so this petition is dismissed.