2009 PLP 1510 (YLR)

S. ALI HASSAN RIZVI, J.

Ghulam Hussain petitioner having been refused bail after arrest on 7-11-2008 by the learned Additional Sessions Judge, Ferozewala in case F.I.R. No.625/07 dated 18-6-2007 registered under sections 302/34/109, P.P.C. at Police Station Factory Area, District Sheikhupura, has applied before this Court.

2. Learned counsel for the petitioner submitted that the co-accused Rehman Baig was granted bail by this Court on 2-3-2009 in Criminal Miscellaneous No.765-B-2009; that the entire story given in the F.I.R. was improbable; that no specific role could be legitimately attributed to the petitioner; that three co-accused who were attributed the same role, were declared innocent during investigation thereby causing a dent in the prosecution case; that there is no chance of the trial being completed in the near future and that at all events, the case against the petitioner requires further inquiry entitling him to bail.

3. Of course, learned D.P.G. for the State assisted by learned counsel for the complainant opposed the grant of bail.

4. I have considered the above contentions and perused the record.

5. The case of Rehman Baig co-accused who was granted bail by me on 2-3-2009 in Criminal Miscellaneous No.765-B-2009 was stridently different. He was not nominated in the F.I.R. He was introduced only in the supplementary statement and no role was attributed to him. Inter alia for reasons recorded in my order of 2-3-2009, he was granted bail. Contrary to it, the present petitioner was specifically named in the F.I.R. he was the person who was allegedly seen strangulating Dildar Baig with Shalwar. He was the person who had gone to the house of the complainant, complaining that his son Dildar Baig had promiscuous relations with his daughter and that he was not retracing his steps despite having been admonished by them. When the complainant and the P.Ws. lounged forward at the place of crime, it was Ghulam Hussain petitioner who had threatened them with pump-action. Direct motive was against him. He had earlier filed an application for bail vide Criminal Miscellaneous No.911-B-2009 but the same was withdrawn on 2-3-2009 without reservation. He having thus withdrawn his application, could not legitimately move this Court again on the grounds which were earlier available to him. No fresh ground was available to him on the present showings. It is a case involving murders of Dildar Baig and Rizwan Baig by strangulation. The post-mortem reports support the version given in the F.I.R. Filing of complaint case would not mean that police case stood automatically evaporated. The present petitioner was duly challaned after investigation. Considering the material on record, as collected by the prosecution, it can hardly be said that there is no reasonable ground to connect the petitioner Ghulam Hussain with this case involving double murder. This petition is, therefore, dismissed. H.B.T./G-29/L Bail refused.