1. Accused is facing trial in Crime No,64 of 2001, Police Station Johi under section 302, P.P.C. It is contended by the learned counsel for the applicant that this is a case of two versions as earlier F.I.R. Of the same incident was reported as F.I.R. No,43 of 2001 wherein the allegation against the applicant party were made on `the same date. However, subsequently, second F.I.R. Was registered after over two months w,e,f, on 4-7-2001. Even in this F.I.R. The allegations against the present applicant is of causing fire from his rifle at the complainant party. It is contended by the learned counsel that deceased Misri died at the hand of Peeral Jamali who fired at deceased. According to him it is a case of ineffective firing.
2. ' Learned State Counsel, however, states that the accused party deceitfully got registered F.I.R.
3. No,43 of 2001 in order to implicate the complainant party which on further investigation by the prosecution was found to be false and it was ordered to be disposed of in "B" Clause and direction to record subject F.I.R. Against the present culprits. A statement under section 164, Cr.P.C. Was recorded wherein the present applicants have been implicated.
4. I have heard the arguments and perused the record. Since apparently there appears to be delay in recording the F.I.R. Of the subject incident but that is also on account of misleading F.I.R. That was according to the accused party against complainant. It was only after the investigation in the crime, the subject F.I.R. Was directed to be lodged and allegations against the present applicant are also there of causing fire from his rifle on the complainant party. Such crime are rampant merely ineffective firing simplicitor will furnish no ground for seeking bail. I do not see any justification to interfere with the orders of the learned trial Court. This bail application is accordingly dismissed.