--Prima facie, there are sufficient grounds that require further probe into guilt of petitioner and entitle him to be released on bail-

 PLJ 2023 Cr.C. (Note) 215
[Lahore High Court, Lahore]
Present: Miss Aalia Neelum, J.
ABU HUZAIFA--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 79977-B of 2022, decided on 13.3.2023.

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

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 109, 148 & 149--Post-arrest bail, grant of--Allegation of--Fire-shot on thigh of deceased--Petitioner was found involved only to extent of Section 109, PPC--Thus, there are two versions on record, one given by complainant in FIR and second in opinion of investigating officer, so it is yet to be determined by trial Court after recording evidence which version is believable and correct--Prima facie, there are sufficient grounds that require further probe into guilt of petitioner and entitle him to be released on bail--The petitioner has been behind bars since his arrest, and his further incarceration in jail for an indefinite period would not serve any useful purpose--Bail accepted.                                          [Para 3] A

Mr. Javaid Iqbal Malik, Advocate for Petitioner.

Mr. Muhammad Akhlaq, DPG, for State.

Ch. Muhammad Kamran Aulakh, Advocate for Complainant.

Date of hearing: 13.3.2023.

Order

The petitioner-Abu Huzaifa seeks post-arrest bail in case F.I.R. No. 704/2022, dated 08.08.2022, registered under Sections 302, 109, 148, 149, PPC, at Police Station Nowshehran Virkan, District Gujranwala.

2. Heard. Record perused.

3. As per the contents of the FIR, co-accused Asif made fire with his pistol, which hit on the thigh of Saif Ullah the deceased. After that, the petitioner made fire with his pistol, which also hit the thigh of Saif Ullah the deceased. However, perusing the postmortem report of Saif Ullah-the deceased, reveals that there is only one entry wound, i.e. Injury No. 5, available at the left thigh of Saif Ullah the deceased. At the same time, the complainant attributed the thigh injury to two persons. The sequence of events that preceded the firing made it clear that co-accused Asif made the first fire shot at the thigh of Saif Ullah-the deceased, and the petitioner made the second fire shot at the thigh of Saif Ullah-the deceased. After going through the record, the learned law officer stated that during two successive investigations, the investigating officers opined that the petitioner had abated the incident and mentioned in case diary No. 22 dated 07.10.2022 and diary No. 37 dated 30.01.2023, that the petitioner was found involved only to the extent of Section 109, PPC. Thus, there are two versions on the record, one given by the complainant in the FIR and the second in the opinion of the investigating officer, so it is yet to be determined by the learned trial Court after recording the evidence which version is believable and correct. Prima facie, there are sufficient grounds that require further probe into the guilt of the petitioner and entitle him to be released on bail. The petitioner has been behind bars since his arrest, and his further incarceration in jail for an indefinite period would not serve any useful purpose.

4. For the reasons supra, the petition is accepted. The petitioner is admitted to post-arrest bail subject to his furnishing bail bonds of Rs. 2,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail accepted