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Criminal Miscellaneous No. 129 of 1977, decided on 18th April 1977.
‑‑ S. 497‑Petitioner charged for ineffectively firing at complainant at late evening time when it was dark‑Petitioner also taking plea of alibi‑Bail allowed, in circumstances.‑[Bail].
Muhammad Iqbal v. State 1975 P Cr. L J IC92 ref.
Raza A. Khan for Petitioner.
Assistant Advocate‑General for the State.
This order will dispose of bail application filed on behalf of Gul Said alias Gulai son of Azimullah resident of village Katozai, Police Station, Shabqadar, Tehsil Charsadda, District Peshawar.
The allegation against the petitioner is that on 10‑1‑1477 at 19‑00 hours alongwith Mumtaz and Saadaat than (who are not petitioners before me) in furtherance of their common intention attacked at the life of Abdul Hadi complainant. The report of the occurrence was lodged by Abdul Hadi in the Police Station the same day at 22‑30 hours. In the F. I. R. complainant has charged the accused for firing at him, with a shot‑gun from a distance of sever paces as is clear from the bite‑plan. Point No. 1 is the place where the complainant was present and at point No. 2 the petitioner was stated to be present at the time of incident.
In between the two points there are trees. The petitioner is alleged to have fired at the victim one shot with a shot‑gun but luckily the latter escaped unhurt. It follows that it is a case of ineffective firing. The petitioner has also taken the plea of alibi. The Darned counsel relied on 1975 P Cr. L J 1092. These are too paints which require careful appraisal and this is not the stage to go into the merits of the case, but keeping in view the fact that the petitioner is charged for ineffectively firing at the complainant, the incident had taken place at late evening time when it was dark coupled with the fact that one of the accused namely Saadat Khan had been released on bail by the learned Additional Sessions Judge. I deem it fit and proper to allow bail to the petitioner on his furnishing bail bond in the sum of Rs. 10,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.
Petition allowed
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