Petitioner Muhammad Bashir through the instant petition has sought for post-arrest bail in case FIR No, 75 dated 18.4.2003 under Section 302 PPC registered with Police Station City Renala Khurd, District Okara.
2. Briefly the prosecution case as per FIR is that he on 18.4.2003 at about 11.30 a.m. while armed with 8 mm rifle had fired at Munir Ahmad deceased hitting on his right thigh and the same went through and through. He intended to fire another shot at Nisar Ahmad, who held the rifle with his both hands and due to the barrel being hot his both hands had suffered boils. The incident is alleged to have taken place on dispute over the passage.
3. It has been contended on his behalf that he has falsely been roped in; that in fact the complainant party had assaulted upon him and injured him, that he has sustained as many as nine injuries and those have been suppressed in the FIR; that there is cross-version of the alleged incident in the form of private complaint against the complainant party brought by his brother Tahir Zahoor and in the same they on 9.3.2004 have been summoned by the Court of learned Additional Sessions Judge, Okara to face trial in the same; that there when are two versions of the alleged incident then the question that who had initiated aggression and who was aggressed upon is to be dealt with at the time of trial and in this regard reliance has been placed upon the case of Mst. Shafiqan v. Hashim Ali and another (1972 SCM R 682), Bahadur and 9 others v. The State (1975 P.Cr.L.J. 162 Lahore), M. Shrafuddin v. The State (1977 P.Cr.L.J. 530 Lahore), Muhammad Boota and 5 others v. The State (1978 P.Cr.L.J. 300 Lahore) and Moeenuddin v. The State and another (1999 P.Cr.L.J. 810 Peshawar); and that he is behind the bars and a previous non-convict.
4. Conversely the learned State counsel has opposed the bail petition on the ground that he is sole accused in the case; that he while armed with 8 mm rifle has fired at the deceased hitting on his right thigh and the same went through and through and it ultimately caused his death, that in the police investigation he has been found to be the real culprit; that the cross-version is fabricated one; and that he was beaten by the villagers when was running away after the incident.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. There is with the petition, the attested copy of his MLR. The same shows that he has sustained as many as nine injuries on his person. He according to the same was examined on 18.4.2003 i.e. the day of occurrence. His injuries have not been explained in the present FIR.
7. The fact also remains that there is cross version of the alleged incident. His brother Tahir Zahoor had brought private complaint against the complainant party. There is also with the petition the certified copy of the order dated 9.3.2004 recorded by Mr. Imtiaz Hussain, learned Additional Sessions Judge, Okara. He vide the same had summoned the accused in the private complaint brought by his brother. The position, thus; emerges that there are two versions of the alleged incident. It is, therefore, yet to be determined that who was aggressor or who aggressed upon. The same will be seen at his trial. There is, thus scope of further inquiry into his guilt. His case, therefore, is covered under sub-section (2) of Section 497 Cr.P.C. In this regard reference is made to the cases of Mst. Shafiqan v. Hashim Ali and another (1972 SCM R 682), Bahadur and 9 others v. The State (1975 P.Cr.L.J. 162 Lahore), M. Shrafuddin v. The State (1977 P.Cr.L.J. 530 Lahore), Muhammad Boota and 5 others vs. The State (1978 P.Cr.L.J. 300 Lahore) and Moeenuddin v. The State and another (1999 P.Cr.L.J. 810 Peshawar).
8. He is behind the bars and stated to be previous non-convict.
9. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.