' The petitioner seeks bail after arrest in a case registered against him vide F.I.R. No,288 of 1996, dated 4-9-1996 under sections 319, 379, 411 and 34, P.P.C. (section 302, P.P.C. Deleted) a Police Station Saddar Chichawatni, District Sahiwal.
2. Brief facts of the case are that the complainant Muhammad Saleem lodged the above said F.I.R.
Against the petitioner with the allegation that at about 6-30 p.m. At evening time, the complainant and his father Muhammad Yaqoob on a motor cycle were going from village to their land. The father of the complainant was driving the motor cycle and the complainant was holding his .12 bore gun, while sitting behind him. When they crossed Mor Chak No,44/I2- L on the Pakka Road and went about 1-1/2 Acres towards east, where Abdul Razzaq son of Bahadur Ali (petitioner) was standing. He gave a push to the motor cycle and felled them and snatched the .12 bore gun from the complainant which was loaded. It is also alleged that the petitioner raised Lalkara that Muhammad Yaqoob will be taught a lesson for insulting 'him. It is further alleged that on hearing the noise Khalid Mahmood and Muhammad Sharif reached the spot and in their presence the father of the complainant wanted to snatch the gun, when the petitioner made a fire which hit Muhammad Yaqoob on his right thigh and he fell down on the ground. The complainant further alleged that he tried to catch hold the accused but he raised Lalkara that if anybody came near to him, he will be killed. Abdul Razzaq/petitioner along with an unknown person, who was standing along with a motor cycle armed with rifle from the place of occurrence. Subsequently, Muhammad Yaqoob succumbed to the injuries.
3. After the registration of the case, it was investigated by the local police.
' The petitioner immediately after the occurrence, according to the Investigating Officer went to the police station and stated that he was given butt blows by the deceased on his head and during scuffle the gun went off accidently, which hit Muhammad Yaqoob. He has not committed murder of Muhammad Yaqoob intentionally. The Police recorded the version of the petitioner on 4-9-1996 (the day of occurrence). It was the first immediate plea, which find mentioned in the Zimni of the Police. It is also evident from the F.I.R. That the loaded gun belongs to the complainant.
4. Learned counsel for the petitioner submits that offence under section 302, P.P.C. Has been deleted during investigation and the petitioner has been challenged under section 319, P.P.C., which has been submitted in Court on 28-9-1996. The petitioner is facing trial before the Judicial Magistrate, Sardar Muhammad Babar. The next date of hearing of the case fixed before him is 14- 5-1997. No evidence has been recorded so far. The facts and circumstances of the case show that it was not an intentional murder, the gun went off accidently. Prima facie the petitioner cannot be held responsible for the said offence.
5. Learned State Counsel has conceded that the immediate plea taken by the accused before the Investigating Officer was that he was given butt blow by the deceased and the gun went off during scuffle between him and the deceased, which hit the deceased.
6. Arguments heard and record perused. The facts of the case indicate that the plea raised by the accused that the gun went off accidently during struggle between the accused and the deceased is not without substance. Admittedly, the loaded gun belonging to the complainant was not in the hands of the accused. It is also mentioned in the F.I.R. That he was not armed with any fire-arm weapon. He also received injury at his head with butt blow of the gun. The Medical Report supports the version of the accused. He was got medically examined by the Investigating Officer himself. The trial against the petitioner is pending in the Court of the Judicial Magistrate, Chichawatni. The perusal of the F.I.R. Coupled with the investigation makes out this case of further inquiry. The petitioner was arrested on 4-9-1996. Challan has been submitted in the Court but not a single witness has been recorded so far.
7. For the reasons stated above the petitioner is admitted to bail, subject to his tendering bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount, to the satisfaction of the trial Court.