Muhammad Farrukh, the petitioner has sought for post-arrest bail in ease F.I.R. No.167 dated 3-7- 2002 under section 324/ 427/337-A(i)/ 337-F(i)(i.e)/337-H(ii)/ 148/ 149/34, P.P.C. Registered with Police Station City, Chichawatni, District Sahiwal.
2. Briefly the prosecution case as per F.I.R. Is that on 23-7-2002 at about 8-00 a.m. The complainant Muhammad Mansha was going towards the Chowk Housing Colony, Chichawatni from his house to make purchases. He when reached the corner of Usmania Mosque, Mazhar Farooq,-- Lumbardar of Chak No. 109/12-L came there on Motorcycle Yamaha. The complainant party stood there.
Muhammad Farrukh armed with, pistol and Azhar Jatt with pistol came there. On seeing them Muhammad Farrukh made straight fires at him (complainant). He and Mazhar Farooq got aside to save themselves. One of the fires hit on the thumb of left foot of the complainant and he fell down.
Due to fall he received injuries on his left knee and shin. One fire hit on the motorcycle of Mazhar Farooq, Lumbardar. Due to the same. It was damaged. On the noise of firing and the hue and cry of the complainant party, Muhammad Riaz and Safdar alongwith other persons came there. The accused went towards the Kothi of Ibrahim. Aftab Jatt with pistol and unknown person on the motorcycle were standing at the Chowk of Housing Colony. They were identified. Mazhar Farooq Lumbardar alongwith his motorcycle to save himself ran away. Riaz and Safdar brought him to his house in injured condition. They since crossed the gate of the house, then Naeem Arshad with .22 bore, Ibrahim Ratha with 44 bore, Ashar Jatt with pistol, Aftab with pistol, Muhammad Farrukh with pistol and one unknown with their weapons behind the Government Primary School, Housing Colony started firing al his house. Then he while being standing on his house's roof in order to safe himself had also fired 3/4 shots with his gun .12 bore. The accused ran away.
3. The motive behind the occurrence is that Naeem Arshad and Ibrahim Rathor have forcibly tried to get possession of his Adda. They could not succeed in the same. Due to this grudge they have committed the above act.
4. It has been contended on his behalf that he has falsely been roped in; that injury on the thumb of the left foot of the complainant was self-suffered and that is why co-accused Naeem Arshad, has moved application to the Ilaqa Magistrate, to constitute Medical Board for re-examination of the complainant and the complainant was issued notice for the same but he did not appear there, which heavily suggests that he intentionally has avoided to get himself re--examined by the Board and this fact necessitates further inquiry into his guilt, and in support of this contention reliance has been placed upon the case of Sajid Mahmood v. The State 2001 M LD 1758; that injury sustained by the complainant even otherwise was on non-vital part of his body and in such situation the question that if he had any intention to kill him needs serious consideration and in support of the same reliance has been placed upon the case of Master Dur Muhammad and 2 others v. The State 1994 PCr.LJ 1769 Karachi; that three of his co-accused have been declared innocent; that he is behind the bars since 26-7-2002, and that the challan has yet not been submitted in the Court. In support of bail plea reliance has also been placed upon the case of Muhammad Afsar v. The State 1994 SCM R 2051.
5. As against the same the learned State Counsel has opposed the petition on the ground that he is named in the F.I.R.; that he has made fire with pistol at the complainant and P.W., Mazhar and one of his fires had hit at the thumb of the left foot of complainant and on the motorcycle of Mazhar Farooq causing damage to the same; and that thereafter he alongwith others had also fired at the hands of the complainant and all these facts show his intention to kill him.
6. I have carefully considered the submissions advanced by both the learned counsel for the parties with the help of available record.
7. Allegedly one of the fires made by the petitioner had hit the thumb of left foot of the complainant and other to the motorcycle of Mazhar Farooq causing damage to the same. The injury ascribed to him on thumb of left foot of the complainant is definitely on non-vital part of the body. It may be relevant to mention here that on the application made by co-accused Naeem Arshad, the Medical Board, was constituted for re-examination of the injured but he did not appear there.
8. The injury sustained by the complainant being on his non-vital part of the body and his avoidance to appear before the Medical Board for his re-examination. Certainly brings his case within the ambit or' subsection (2) of section 497, Cr.P.C. Making room for further inquiry into his guilt. In this regard reference is made to the case of Muhammad Afsar v. The State 1994 SCM R 2051; Sajid Mahmood v. The State 2001 M LD 1758 and Master Dur Muhammad and 2 others v. The State 1994 PCr.LJ 1769 Karachi. He is stated to be behind the bars for the last more than three months and the challan has statedly been submitted in Court.
9. In these circumstances, he is entitles to bail. I therefore, accept this petition and admit him to bail provided he furnishes bail bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.