As per the contents of the crime report, the allegation against the petitioner is that he while armed with pistol .30 bore launched an attack on the complainant party and made straight fire from his pistol on the complainant which hit on his ear and shoulder.

 As per the contents of the crime report, the allegation against the petitioner is that he while armed with pistol .30 bore launched an attack on the complainant party and made straight fire from his pistol on the complainant which hit on his ear and shoulder. However, it is stance of the Petitioner that in-fact the complainant party while armed with firearms came at his village, attacked on him and caused injury on his left arm, due to which his left arm has been amputated. The medical evidence available on record prima facje supports the stance of the petitioner. The petitioner has also got registered a counter FIR bearing No. 2712022 under Sections PPC at Police Station Nabir Sir Road, District Umerkot against the complainant party. In the instant case, the crime report was lodged after an inordinate delay of two days for which not even a single word has been put forward by the complainant The delayed registration of FIR prima fade shows deliberations and consultation on the part of the complainant.According to Medico Legal Report of the injured pw Usman, the injuries on his person have been declared as ghayr jaifohmuta/ahfmah and shaijah-i-khoffiah falling within the ambit of Sections 337 F(iii) and 337-A(i) PPC for which the maximum punishment provided under the statute is three and two years respectively. However, we do not want to comment on this aspect of the matter, lest it may prejudice the case of either of the party before the Trial Court. It is the Trial Court who after recording of evidence would decide about the guilt or otherwise of the petitioner and as to whether Section 324 PPC IS applicable or not. The petitioner is behind the bars for the last more than five months. This court has time and again held that liberty of a person is a precious right, which cannot be taken away unless there are exceptional grounds to do 50. Merely on the basis of baldallegations, the liberty of a person cannot be curtailed. In these circumstances, the petitioner has made out a case for bail as his case squarely falls within the purview of Section 497(2) Cr.P.C. entitling for further inquiry into his guilt.

CRIMINAL PETITION NO. 1557 OF 2022
Gui Muhammad Versus The State
09-02-2023