Maqsood petitioner is arrested in a case F.I.R. No, 393 of 1997, dated 2511-1997 registered under section 302/34 read with section 109, P.P.C. at Police Station, Gaggo, District Vehari.
2. The precise allegation as alleged in the F.I.R. is that on 25-11-1997 at about 3-00 p.m. petitioner being armed with Rifle alongwith his two other co-accused while riding on a motorcycle forcibly stopped Bus bearing No,8875/LHH in which the deceased alongwith other passengers were travelling. Allegedly the petitioner entered into the bus alongwith his co-accused namely, Sabir.
The allegation against the petitioner is that he fired at the deceased which hit on his wrist whereas the fire made by Sabir hit the deceased on his head.
3. Learned counsel for the petitioner submits that left hand of the petitioner is incapacitated and the same cannot be used. Thus, it is not possible for a person to make fire with one hand. Further contends that during the investigation two Investigating Officers declared him innocent argues that the case of the petitioner requires further inquiry and he is entitled to the concession of bail.
The contention raised by the learned counsel for the petitioner has been vehemently opposed by the learned State counsel.
4. I have heard the learned counsel for both sides and perused the record.
5. During investigation two Investigating Officers found the petitioner innocent. The fact that one arm of the petitioner is not in working condition, is also established from the police record. During investigation no recovery was effected from the petitioner. The question as to whether petitioner could participate in the occurrence can only be determined by the trial Court after proper assessm ent of the prosecution evidence. Prima facie, the circumstances of this case are sufficient to bring the case of the petitioner within the ambit of further inquiry. Accordingly the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with two sureties in the like amount to the satisfaction of the trial Court.