--S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324/365/452/337-A(i)/337-F(vi)/337-H(ii)/148/149, Bail dismissal of--Attempt of Qatl-i-Amd--Petitioner is nominated in FIR-

 PLJ 2022 Cr.C. 348
[Lahore High Court, Multan Bench]
Present: Safdar Saleem Shahid, J.
IRSHAAD alias SHADAN--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 4016-B of 2021, decided on 14.7.2021.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324/365/452/337-A(i)/337-F(vi)/337-H(ii)/148/149, Bail dismissal of--Attempt of Qatl-i-Amd--Petitioner is nominated in FIR--Specific allegation of house trespass and inflicted injuries--Injury declared within the ambit of S. 337 F(vi) PPC and according to the report of X-ray there was comminuted fracture of proximal phalanx foot big toe--Offence 324, PPC comes within the prohibitory clause--Bail dismissed.

                                                                                  [P. 349] A, B & C

Mr. Abdul Rehman Ahmad Rizwan Sadozai, Advocate for Petitioner.

Madam Asmat Parveen, D.D.P.P for State.

Mr. Muhammad Atif Khan Mastoi, Advocate for Complainant.

Date of hearing: 14.7.2021.

Order

Irshaad alias Shadan petitioner seeks post arrest bail in a case registered against him vide FIR No. 20/2021 dated 12.01.2021 offences under Sections 324, 365, 452, 354, 337-H(ii), 337-A(i), 337-F(vi), 148, 149, PPC at police station Saddar, Dera Ghazi Khan.

2. Precise allegation against the petitioner as narrated by the complainant in the FIR was that on 12.01.2021 at about 11:30 a.m, Irshaad alias Shadan petitioner who was allegedly armed with pistol 30-bore trespassed into the house of the complainant and inflicted

injuries on the person of wife of the complainant Mst Haseena Bibi which landed on her left foot. The allegations of severe beating and extending life threats are in addition to that. Hence instant FIR was registered.

3. After hearing the arguments of learned counsel for the parties and learned D.D.P.P, it has been noticed that petitioner is nominated in the FIR. There was specific allegation against the petitioner that he alongwith his co-accused persons criminally trespassed into the house of the complainant and while armed with pistol 30-bore inflicted injuries on the person of Mst. Haseena Bibi injured P.W which landed on her left foot. Mst. Haseena Bibi was medically examined by the doctor. Injury No. 1 was observed by doctor as firearm injury on her big toe of left foot. Injury No. 1 was declared as Ghayr Jaifah Munaqqilah by the doctor which comes within the ambit of Section 337-F(vi), PPC. According to the report of X-ray there was comminuted fracture of proximal phalanx let foot big toe. The ocular account furnished by the prosecution qua the allegation against the petitioner finds corroboration from the medical evidence of Mst. Haseena Bibi. The offence 324 PPC alleged against the petitioner comes within the purview of prohibitory clause of Section 497, Cr.P.C. During investigation pistol 30-bore was recovered from the possession of the petitioner and he was found guilty. Prima facie sufficient incriminating material is available on record connecting the petitioner with the commission of offences alleged against him.

4. For what has been discussed above, instant petition having no force stands dismissed.

(K.Q.B.)          Bail dismissed