FAQIR MUHAMMAD KHOKHAR, J.- The petitioner seeks the grant of pre-arrest bail in case F.I.R. No. 369/98, dated 29.10.1998 under Sections 324/148/149/109, PPC registered at P.S. City Raiwind, Lahore.
2. According to the prosecution version, the petitioner was armed with a Klashinkov while the co- accused namely Niamat armed with Klashinkov, Razzaq armed with .22 bore rifle, Bhola .222 rifle and Zafar Iqbal with repeater .12 bore gun. The other co-accused have caused injuries on the both arms of Rana Mahmood Ahmad whereas the petitioner had allegedly find in-effectively.
3. The learned counsel for the petitioner argued that during the course of investigation, the presence of the petitioner at the scene of occurrence was not proved and that the petitioner was alleged to have been found guilty of conspiracy under Section 109 PPC. It was argued that the story given in the F.I.R, was itself registered by the Investigating Officer. It was lastly argued that the learned District Magistrate has already directed for afresh medical examination of the injured PW (Rana Mahmood Ahmad).
4. On the other hand, the learned counsel for the complainant argued that the injured PW remained admitted in the Jinnah Hospital, Lahore for about two months where two major surgical operations were conducted. The PWs had regularly implicated the petitioner with the commission of the alleged offence and that the opinion of the Investigating Officer was not binding on the Court.
5. I have heard the learned counsel for the parties.
6. Prima facie the version of the firing stands by the findings by a Senior Police Officer of the rank of D.S.P, in his Zimni dated 4.1.1999 that the petitioner was not present at the scene of the occurrence and that he was not guilty of the offence of conspiracy. There was no recovery of the Kalashnikov from the petitioner. The case calls for further enquiry against the petitioner.
7. For the foregoing reasons, the dated 15.1.1999, granting ad- interim pre-arrest bail to the petitioner is hereby confirmed.