RASHID AZIZ KHAN, J. - Petitioner seeks bail in a case registered with Police Station Basirpur, Tehsil Depalpur, District Okara, for an offence under sections 302/34/109 PPC- The case was got registered by Bashir Ahmed with the allegation that on 15-10-1995, at about 5 p.m., the first informant with one Muhammad Nawaz were going back to their house. When they reached near the, Ihata of Muhammad Hanif suddenly petitioner armed with 222 rifle alongwith his co-accused raised a lalkara that he would take revenge for injuring his father and simultaneously fired hitting Muhammad Nawaz on his left flank who fell down. Alaf Yar, co-accused of the petitioner fired hitting on the head of Muhammad Nawaz. Thereafter another co-accused fired as a result of which Muhammad Nawaz died because of the said injury.
It was contended by learned counsel for the petitioner that the petitioner is absolutely innocent and has been involved falsely. According to the post-mortem report the injury allegedly caused by the petitioner belies the ocular version. According to the post-mortem report it was injury with pallet. The gun recovered at the instance of the petitioner did not match with any crime empty.
Argued that according to School Leaving Certificate petitioner was 13 years of age at the time of occurrence. Contentions were opposed by learned counsel for the State as well as learned counsel for the complainant.
2. I have heard the learned counsel at length and gone through the file. Petitioner was armed with 222 rifle and caused an injury in the left flank of the deceased. According to the doctor injury was caused with pallet. Subsequently petitioner got recovered 12 bore gun which was sent to the Expert alongwith empties recovered from the spot. According to the report none of the empties was fired with the gun of the petitioner. Since the role ascribed to the petitioner has not been confirmed by the post-mortem report as well as report of Balistic Expert therefore qua him it has become a case of further inquiry. Petitioner is allowed bail provided he furnishes security in the sum of Rs. 50,000/-, (Rupees fifty thousand only), with two sureties, each in the like amount, to the satisfaction of Judicial Magistrate/Duty Magistrate, Depalpur. Petition is disposed of.