' Petitioner Muhammad Akhtar through the instant petition has sought for post-arrest bail in case F.I.R. No. 293, dated 24-6-2003 under sections 302/324/ 148/149, P.P.C. Police Station Saddar, Depalpur.
2. Briefly the prosecution case as per F.I.R. Is that on 24-6-2003 at about 6-30/7-00 a.m.
Muhammad Jafar armed with rifle, Muhammad Aklitar (petitioner) with rifle 7-mm, Ahmad Yar with .12-bore double barrel gun. Naeem Ahmad with .30-bore pistol, Hashim Ali with rifle, Muhammad Amin with rifle and Hafiz Ahmad with rifle, in prosecution of the common object of the unlawful assembly formed by them, on the dispute over possession of 1-1/2 Acre Evacuee Trust Property Board's Land have committed the Qatl-e-Amd of deceased Jahangir and attempted the Qatl-e- Amd of Maqbool Ahmad and Muhammad Nawaz P.Ws.
3. After hearing the learned counsel for the parties and perusing the record, if find that the petitioner has not been ascribed any injury to the deceased. He has been ascribed solitary fire shot to P.W. Maqbool Ahmad hitting on his right arm.
It, thus was on the non-vital part of his body. He did not repeat the fire to him. The said injury has been mentioned at No.2 in his Medico-Legal report. The same has been declared as Ghayr-Jaifah Damiyah which attracts an offence under section 337-F(i), P.P.C. The same is punishable with imprisonment up to one year as Ta'zir.
4. The question of his vicarious liability for the murder of the deceased and injury to Muhammad Nawaz P.W is to be gone into at trial. I, therefore, find that his case is covered under subsection (2) of section 497, Cr.P.C. Calling for further inquiry into his guilt.
5. He is behind the bars and stated to be previous non-convict.
6. I, therefore, accept this petition and admit him to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one hundred thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court.