MUHAMMAD JAVED BUTTAR, J. - The petitioner Shah Ali is seeking post arrest bail in case: FIRNo.420/95 dated 11.12.1995 registered at Police Station Qabula Sharif, u/Ss. 324, 148/149 PPC at the instance of complainant Abdul Wahid for an occurrence in which Khadim Hussain PW, the son of the complainant received as many as six fire-arm injuries resulting from a single shot fired from a l2 bore gun, attributed to the petitioner.
2. The other six accused are on bail, the petitioner was arrested on 10.1.1996 and the learned Additional Sessions Judge Arifwala dismissed the petitioners application for the grant of bail on 17.9.1996. The investigation has still not been completed.
3. I have heard the learned counsel for the petitioner, the State and have also seen the record.
4. It is contended by the learned counsel for the petitioner that injuries attributed to the petitioner are on the non-vital part of the body of the injured, there was no intention to kill as the fire was not repeated and as the petitioner is in jail for the last more than one year he is entitled to the concession of bail as provided in third and fourth proviso of Section 497 Cr.P.C.
5. Learned Counsel for the State has opposed the petition on the ground that enough material is available on the record to connect the petitioner with the commission of the offence and the weapon of offence, the gun has been recovered from the petitioner but has however, conceded that statutory ground is available to the petitioner.
6. The petitioner is behind the bars for the last more than one year and so far even the challan has not been submitted and as such the petitioner had been able to make out a case for the grant of bail under the law as provided in the third proviso of Section 493 Cr.P.C, because the exceptions disentitling an accused for the gi ant of bail as mentioned in the third proviso or in fourth proviso are admittedly, not attracted in this case. The application is, therefore, allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.100,000/- with one surety in the like amount to the satisfaction of Judicial Magistrate Arifwala.