While granting bail to accused, this Court observed that a perusal of medical certificate of injured revealed that allegedly the accused (petitioner) fired upon the outer side of the right leg’s middle part of the injured Shahid Iqbal, therefore, prima facie, he had no intention to fire upon the vital part of the injured for the purpose of launching murderous assault.

 There is no denial to this fact that the occurrence has taken place in the broad daylight, which was promptly reported. As far as the allegation against the petitioner is concerned, there are certain aspects of the case which require determination to arrive at a conclusion whether the petitioner is entitled for the relief sought for. It has been observed by us that the injury ascribed to the petitioner on the person of complainant is surely on his right heel. During the course of medical examination of complainant, the Doctor has not given any details regarding dimension of the injury. Though one empty of 7.62 bore was secured from the spot by the investigating agency, but no recovery of alleged weapon was affected from the petitioner. Therefore, the recovery of crime empty from the spot becomes inconsequential and does not have any legal force. Perusal of medico legal report reveals that the same is on a plain paper and name and designation of the Doctor who examined the injured PW have not been mentioned. As per prosecution, the injured PW Muhammad Wajid (complainant) remained admitted in the hospital after the occurrence for a couple of days but discharge slip is not available on the record. In Muhammad Umar Vs. The State and another (PLD 2004 SC 477), while granting bail to accused, this Court observed that a perusal of medical certificate of injured revealed that allegedly the accused (petitioner) fired upon the outer side of the right leg’s middle part of the injured Shahid Iqbal, therefore, prima facie, he had no intention to fire upon the vital part of the injured for the purpose of launching murderous assault. Even otherwise, the question qua applicability of section 324 PPC would be determined by the learned trial Court after recording of evidence. All these aspects of the case if evaluated conjointly, the case of petitioner squarely becomes one of further enquiry falling within the ambit of section 497(2) of Cr.P.C.

CRIMINAL PETITION NO. 509 OF 2021
Akhtar Ullah @ Akhtar Ali Vs The State and another