' Muhammad Sarwar petitioner has sought post-arrest bail in case F.I.R. No,299/94, dated 8-8-1994 under section 302/324/337-A-2(ii)/148/149, P.P.C. Of Police Station Jahanian, District Khanewal registered on the complaint of Muhammad Aslam against the petitioner and 7 others for an occurrence which took place on 8-8-1994 at 9 a.m. In the area of Chak No,137/10-R,.3 miles from the police station. It was alleged by the complainant in the F.I.R. That petitioner along with 7 others having armed themselves with lethal weapons attacked the complainant party and as a result of which Boota brother of the complainant died at the spot and complainant's sister Sajida, Farzana, Nazir Ahmad, Muhammad Akram and Mushtaq received injuries at the hands of the assailants.
2. Learned counsel for the petitioner argued that Zulfiqar and Muhammad Ayub sustained injuries during the occurrence and complainant with mala fide did not name them in the F.I.R. And during the investigation said Zulfiqar and Ayub were arrayed as accused. They were badly injured during the incident and were medically examined on the day of occurrence and that the petitioner was innocent and had not committed any offence; that in the F.I.R. It was stated that the petitioner was armed with a .7 mm rifle which was allegedly effectively used by the petitioner. Injury on the chest of Muhammad Boota deceased was attributed to the petitioner. It was argued that during the post-mortem examination this injury was found to be caused by .12 bore gun and pellets were recovered during autopsy and hence the ocular account was not in conformity with the medical evidence. Lastly submitted that the complainant party was the aggressor and that the petitioner was innocent and case of the petitioner require/some amount of further enquiry. Learned counsel relied upon 1984 PCr.LJ 2461 and 1989 SCMR 1783 in support of his contentions.
3. Learned complainant counsel and the State Counsel argued that petitioner was named in the F.I.R. With specific role. He was principal accused and caused fatal shot to the deceased and was found guilty in four investigations conducted by different Police Officers and he has been chillaxed to the Court.
4. I have heard the learned counsel for the parties and have gone through the record.
5. Admittedly during the post-mortem examination it was found that injury attributed to the petitioner was not caused by the rifle but it transpired that said injury was caused by pellets from a very close range. The complainant in his supplementary statement of even date has tried to bring the statement in line with the medical evidence by stating that as a matter of fact the petitioner was armed with a .12 bore gun at the time of occurrence and he inadvertently mentioned the same as a rifle. In my considered view this is an 'attempt to fill the lacuna of the prosecution case. The fact remains that post-mortem report prima facie adversely reflected on the narration in the F.I.R.
No empty of .7 mm was recovered from the spot and none of the P.Ws. Had received a rifle injury.
Prima facie the participation of the petitioner in the commission of offence would be a serious question to be considered at the trial. Prosecution dishonestly suppressed the injuries on the person of Zulfiqar and Ayub who were arrayed as accused during the investigation. They received as many as 23 injuries including a few grievous injuries. It cannot be determined at this stage which party was the aggressor and which party was the victim, of aggression. Prima facie there appears no reasonable ground for believing that the petitioner has committed an offence punish ali with death or imprisonment for life or for 10 years but there are sufficient grounds for further enquiry into his guilt which would bring the case of the petitioner under section 497, subsection (2), Cr.P.C.
' For what has been stated above, the petition is accepted and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rs, one lac with two sureties each in the like amount to the satisfaction of Duty Magistrate/Trial Court, Khanewal.