2005 PLP 1832 (YLR)

Iftikhar Shah for Petitioner. Zaheer-ul-Hassan Zahoor for the State. Ch. Iftikhar Ahmed and Ghulam Mustafa Chaudhry for the Complainant. Date of hearing: 10th December, 2004. Through this petition Muhammad Munawwar alias Budha petitioner has sought post-arrest bail in case F.I.R. No.233 registered at Police Station Baghbanpura, Lahore on 4-4-2004 for an offence under section 324, P.P.C. During the investigation section 337-F(vi) P.P.C. was added to the F.I.R.

2. After hearing the learned counsel for the parties and going through the record it has been observed by me that in the circumstances of the present case the F.I.R. had been lodged with reasonable promptitude and the present petitioner had been nominated therein as the sole perpetrator of the alleged offences. According to the F.I.R. the petitioner had fired with his pistol at the complainant four times causing him three injuries and resulting in a fracture of the complainant's right lower leg. It is not disputed that the eye-witnesses mentioned in the F.I.R., including the injured complainant, have so far stood by their statements made before the police fully implicating the petitioner in the alleged offences and prima facie the medical evidence lends support to the allegations levelled against the petitioner in the F.I.R. Apparently the petitioner was connected with the motive set up in the F.I.R. and during the investigation the weapon of offence has already been A recovered from the petitioner's possession. Firing at the victim not once or twice but four times prima facie discloses an intention to kill on the part of the petitioner attracting section 324, P.P.C. which attracts the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. The challan in this case has already been submitted after completion of investigation and a charge has already been framed against the petitioner by the learned trial Court. It is thus, evident that the petitioner's trial had already commenced. The petitioner had remained a Proclaimed Offender for a period of about five months during the investigation of this case and proceedings under section 87, Cr.P.C. had been undertaken against him in that regard. Through such conduct displayed by the petitioner during the investigation of this case he has surely disentitled himself to an exercise of discretion by this Court in his favour in the matter of bail at such a stage.

3. For what has been discussed above prima facie reasonable grounds exist to believe in the petitioner's involvement in the alleged offences and this petition is, therefore, dismissed. H.B.T./M-1043/L Petition dismissed.