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Criminal Miscellaneous No. 379/13 of 1987, decided on 17th February, 1987.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑No overt act attributed to accused‑‑F.I.R. not disclosing any firing by accused towards anybody nor even aiming of fire at any one‑‑Accused, declared innocent in spite of supplementary statement made by complainant‑ Reasonable grounds of accused having committed offence did not exist in case‑‑Bail granted.
Sh. Naveed Shehryar for Petitioners.
Muhammad Arshad for the State.
The petitioners who have been arrested in a case registered against them and one other under section 302/34, P.P.C. at Police Station. Kharianwala, District Gujrat, seek bail on the ground that no specific part has been assigned to any of them of having caused any injury to the deceased or any of the P.Ws.; that no allegation had been levelled in the F.I.R. that any of them had fired towards anybody or aiming anyone According to learned counsel for the petitioners the only allegation levelled against them, is that after the shot fired by Muhammad Saleem which had hit Khadim Hussain deceased, the petitioners ran away from the place of occurrence while firing.
2. The other ground urged for bail is that the petitioners were declared innocent during investigation and their names have been placed in column No. 2 of the challan.
3. Learned counsel for the State has not controverted the above‑noted position. However, he has stated that the complainant in a supplementary statement, made to the Investigating Officer, had stated that he inadvertently forgot to mention in the F.I.R. that the shot fired by either of three petitioners, had hit the deceased on his wrist.
4. The evaluation of the statement made later, will have to be seen by the trial Court. The present position is that there is nothing in the F.I.R. wherefrom one may read that any of the petitioners had aimed or directed the firing towards the deceased and that the petitioners were declared innocent in spite of the supplementary statement made by the complainant.
In the circumstances, reasonable grounds do not appear of the petitioners having committed the offence under section 302/34, P.P.C. They are, therefore, directed to be released on bail, provided they furnish bail bonds in the sum of Rs. Twenty‑five thousand each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gu j rat.
S.A./M‑69/L Bail granted.
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