The court held that an accused cannot seek leniency in bail on the basis of poor marksmanship.
Justice Khadim Hussain Soomro dismissed the post-arrest bail plea of Fawad alias Mani, who is charged with opening fire on the complainant’s wife and son, injuring them.
In a written order, the court stated that, according to the record, the complainant’s son sustained three bullet wounds during the incident. It further noted that the pistol allegedly used in the offence had been recovered from the accused’s possession during the investigation.
The court observed that transferring the injured to a hospital is a natural and immediate response, and that a delay of a few hours in lodging the case does not materially affect the prosecution’s position.
Referring to Section 324 of the Pakistan Penal Code (PPC), the court held that the law does not distinguish between vulnerable and non-vulnerable parts of the body in cases of attempted murder, adding that the trajectory of a bullet is not within the attacker’s precise control once fired.