ORDER MUHAMMAD ASIF JAN, J.- Khalid petitioner was arrested on the 30th of April, 1995, in pursuance of a case registered against him vide First Information Report No. 114/95, registered at Police Station Civil Lines of Sialkot District on the 30th of April, 1995, regarding an occurrence which took place on the same day at about 8:25 a.m. In which a Constable named Nadim Babar was injured as a result of cross-firing between two rival parties near the District Courts of Sialkot.
2. Out of the offences alleged against the petitioner, only section 324 P.P.C, is punishable with 10 years while the other offences alleged against the petitioner do not fall within the prohibition contained in sub-section (1) of section 497 Cr.P.C.
3. On the prosecution's own showing there was a cross-firing between the rival parties on account of which the complainant sustained an injury. However, there is no alegation that Khalid petitioner fired at the complainant with such intention or knowledge as is required under section 324 P.P.C.
Whether section 324 P.P.C, would be attracted in such circumstances is a question to be determined by the trial Court after recording of evidence.
4. Be that as it may, for the time being reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. However, the case against the petitioner may be a case of further enquiry within the meaning of subsection (2) of section 497 Cr.P.C, which would entitle the petitioner to the grant of bail.
5. Resultantly, the petitioner is granted bail provided he furnishes a bail bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court.