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Petitioner: NAEEM KHAN VS Respondent: StateHonorable Justice Syed Muhammad Attique ShahQazi Muhammad Arshad,Sardar Muhammad Asif
2019 P Cr. L J Note 86 [Peshawar (Abbottabad Bench)] Before Syed Muhammad Attique Shah, J NAEEM KHAN---Petitioner Versus The STATE and another---Respondents Criminal Misc. B.A. No. 912-A of 2018, decided on 7th December, 2018.
Criminal Procedure Code (V of 1898)---
----Ss. 497 & 164---Penal Code (XLV of 1860), Ss. 324 & 336---Attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw---Bail, grant of---Further inquiry---No one was nominated in the FIR---Complainant lodged the FIR stating that he was hit in his right thigh and knee accidentally when he was cleaning his rifle at his residence, however, later, he charged the petitioner for the commission of offence---Record revealed that complainant clearly mentioned in his report that the occurrence occurred due to his negligence and nobody had fired at him---Complainant changed his mind after twenty days when he recorded his statement under S. 164, Cr.P.C., wherein he charged the petitioner for the offence---Injury caused to the complainant being on non-vital part of body needed further inquiry into the guilt of the petitioner after recording of evidence of the prosecution---Bail was granted to the petitioner, in circumstances.
Qazi Muhammad Arshad for Petitioner.
Sardar Muhammad Asif, Assistant Advocate-General and Zulfiqar Ahmad for the Respondents.
Date of hearing: 7th December, 2018.
JUDGMENT
SYED MUHAMMAD ATTIQUE SHAH, J.---Accused-petitioner, Naeem Khan son of Alamgir, after having been refused bail by the learned lower Court in case FIR No.16 dated 13.05.2018 under sections 324/336, P.P.C., Police Station Jalkot, Kohistan, has approached to this Court for the same relief by filing the instant bail petition.
2. Brief facts of the case, as narrated in the FIR by Abdul Sattar complainant in injured condition to the police are that he was cleaning his rifle at his home at about 8.00 a.m., which was suddenly and accidentally went off and the bullet in its chamber got hit on his right thigh and knee, as a result thereof, he sustained injuries. He did not charge anybody in his report and the occurrence was stated to have witnessed by inmates of his house including his brothers Abdul Ghaffar and Bakhtiar Ahmad, who along with other took him for treatment.
3. Arguments of the learned counsel for the accused/petitioner and AAG heard and record perused with their valuable assistance.
4. Perusal of record reveals that the complainant himself lodged the report to the police and clearly mentioned in his report that the occurrence had occurred due to his negligence and nobody has fired at him and he was hit on his right thigh and knee accidentally, when he was cleaning his rifle at his home. Astonishingly, the complainant has changed his mind after long twenty days when he recorded his statement under section 164, Cr.P.C. on 01.06.2018, wherein, he charged the present accused/petitioner for the offence. The injury caused to the complainant being on non-vital part of his body needs further probe into the guilt of present accused/petitioner by the learned trial Court after recording evidence of the prosecution. Thus, in view of peculiar facts and circumstances of the present case, the role of accused/petitioner becomes that of 'further inquiry' into his guilt under subsection (2) of section 497, Cr.P.C.
5. Additionally, the accused/petitioner is no longer required to the police for the purpose of investigation, as complete challan has been submitted in the case; therefore, no useful purpose is going to be served by keeping him behind the bars.
6. The observations rendered hereinabove being tentative in nature, would not affect the mind of the learned trial Court in any manner whatsoever, during trial of the case.
7. Consequently, this bail application is accepted and accused-petitioner is admitted to bail, subject to his furnishing bail bonds in the sum of Rs.200,000/- (Rupees two lacs), with two sureties each in the like amount, to the satisfaction of the Illaqa/Duty Judicial Magistrate, Dassu Kohistan.
Above are the detailed reasons of short order of this Court of even date.
MQ/30-P Bail granted.