2008 P Cr (PLP)

TARIQ SHAMIM, J.

Through this petition, the petitioner seeks pre-arrest bail in case F.I.R. No.634 of 2006 dated 26-12-2006 for offences under sections 302, 324, 148, 149 and 109, P.P.C. registered at Police Station Chung, Lahore.

2. Briefly stated the facts of the case are that Muharram Ali and Rizwan Haider were murdered by the petitioner and others.

3. The learned counsel for the petitioner contends that no specific injury has been ascribed to the petitioner in the F.I.R. to the deceased; that the petitioner was arrested on 4-2-2007 and during investigation, no weapon was recovered from his possession and consequently, he was allowed bail by the learned lower Court on 12-6-2007 which was cancelled by the learned Additional Sessions on 24-10-2007 on a petition filed by the complainant; that the order dated 24-10-2007 cancelling the bail of the petitioner was not in accordance with law and that during investigation, the petitioner was declared innocent by the police.

4. The learned Deputy Prosecutor General assisted by the learned counsel for the complainant has vehemently opposed the petition.

5. I have heard the leaned counsel for the parties and gone through the record.

6. In the first investigation conducted by a Sub-Inspector, the petitioner was declared innocent on the basis of a number of affidavits produced by him in support of his defence. The said persons were not examined by the Investigating Officer during the course of investigation and consequently, application was filed by the complainant for the transfer of investigation. On the recommendation of the Standing Board, the same was transferrer) and entrusted to A.S.P. Qila Gujjar Singh, who after conducting a thorough investigation came to the conclusion that the petitioner and his co-accused had actively participated in the occurrence and were responsible for the murder of two innocent persons. Apart from other incriminating material, the opinion of the A.S.P. regarding complicity of the petitioner in the crime is based on verification of affidavits tendered by the petitioner in his defence which were all found to be fake as the persons who had purportedly sworn the said affidavits had declined to own them. The material on the basis of which opinion of guilt had been formed by the A.S.P. is tangible and convincing and therefore, the same carries weight and cannot be lightly brushed aside.

7. In the F.I.R. apart from specific injuries ascribed 'to the co-accused of the petitioner it is stated by Muharram Ali, the deceased complainant that all the accused had resorted to firing at him and Rizwan deceased. The F.I.R. to this extent implicates the petitioner with active participation in the murder of the deceased which is fully corroborated by the postmortem report of Muharram Ali deceased who had received as many as eight fire-arm injuries on his body. Shortly after making the statement before the police, on the basis of which the F.I.R. was lodged, the complainant succumbed to the injuries. His statement, therefore, carries weight as under impending death, the possibility of the complainant-deceased making a false statement in order to implicate the petitioner in the crime is very remote. Further, the offence with which the petitioner is charged, is punishable with death and therefore, the same falls within the ambit of the prohibitory clause of section 497, Cr.P.C.

8. The order of the learned Additional Sessions Judge, whereby the post arrest bail earlier allowed to the petitioner was cancelled, has also been perused. The same has been found to be in consonance with law as no illegality or infirmity has been found therein.

9. For what has been stated above, I find no merit in this petition which is dismissed. H.B.T./K-53/L Petition dismissed.