January 22, 2021SUPREME COURT Honorable Justice Manzoor Ahmad Malik Rai Bashir Ahmad , Danyal Ijaz Chadhar 2021 SCMR 540
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MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 24.11.2020, whereby bail was refused to the petitioner by the learned Lahore High Court, Lahore in case MR No. 116 dated 04.07.2019, offence under sections 302, 324, 109, 148, 149, 337-F(i), 337-F(iii), 337-F(iv), P.P.C. registered at P.S. Mandi Usmanwala, District Kasur.
2. After hearing the learned counsel for the petitioner and learned Additional Prosecutor General at length and perusal of available record with their assistance, it has been observed by us that there is no allegation against the petitioner of causing injury on the person of deceased and he is alleged to have caused a firearm injury on the left thigh of injured Abid Ali. Learned Additional Prosecutor General under instructions of the police officer present with record has stated that during the course of investigation, it was concluded by the police that though petitioner was present at the spot but he only made aerial firing. He further confirms under instructions that co-accused of petitioner Shaukat Ali who was attributed firearm injury on the right thigh of injured Abid Ali was allowed bail by the learned trial court. In the circumstances, case against the petitioner calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellant Abu Bakar Siddique @ Muhammad Abu Bakr is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand) with one surety in the like amount, to the satisfaction of the trial court.
MWA/A-6/SC Bail granted.


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