TASSADUQ HUSSAIN JILANI, J. - The petitioner seeks post arrest bail in a case registered vide FIR No. 236/96, dated 30.5.1996 under Sections 324/34 PPC at Police Station, Sabzi Mandi District Gujranwala.
2. The prosecution story as given in the FIR registered on the statement of Amin Shahid complainant briefly stated is that his nephews Hafiz Imran Shahid and Hafiz Irfan Shahid were talking with their friends when a motor-cyclist passed through the mud nearby and some of the mud fell on Imran and Irfan. They reprimanded the said motor-cyclist who got provoked and after a while came back alongwith his elder brothers namely Muhammad Iqbal and Muhammad Imran and another neighbour Waris. When they came, they started abusing the nephews but the matter was patched up by the respectables of the Mohallah. At about 11.00 a.m. When his nephew Irfan went out to make payment of sui-gas bill and as he reached near main bazar of Darogha Colony, the aforesaid Muhammad Iqbal armed with gun and Irfan and Waris stopped him and started beating, and they tried to abduct him. Irfan Shahid resisted whereupon Muhammad Iqbal fired at him which hit on his left Shoulder and he fell down. When he tried to Stand up Imran hit him with the But of pistol and he receive injury on the back of his he&d.
Meanwhile, Imran Shahid his real brother and Dr. Muhammad Jamil came to the spot and the accused decamped from there.
3. Learned counsel for the petitioner seeks bail on the ground that there is a delay of seven hours in lodging the FIR; that' only a simple injury is attributed to him and only Section 337-A(i) PPC is attracted which does not fall in the prohibitory clause of Section 497 Cr.P.C.; that if the petitioner's intention was to kill him he would have used the pistol if he was armed; that as per the police finding during the investigation, the petitioner was not armed; that co-accused Waris has already been granted bail and that the incident took place at the spur of moment in absence of any prior enmity.
4. Learned counsel for the State opposed the prayer for bail by submitting that the petitioner is specifically named in the FIR and the offence alleged falls under Section 324 PPC which falls under the prohibitory clause of Section 497 Cr.P.C.
5. I have heard learned counsel for the parties and have also perused the record.
6. Admittedly there is no prior enmity between the petitioner and the complainant Prima facie, the offence alleged on account of the injury attributed to petitioner does not fall in the prohibitory clause of Section 497 Cr.P.C. As per the police investigation, petitioner was not armed at the time of occurrence. In these circumstances, the question of petitioner's involvement in the alleged occurrence would require for further inquiry. I am inclined to admit the petitioner to bail provided he furnishes bail bonds in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of Judicial Magistrate Section-30 concerned.