2006 PLP 2899 (YLR)

ASIF SAEED KHAN KHOSA, J.

Through this petition Muhammad Sagheer and Mustafa petitioners have sought post-arrest bail in case F.I.R. No.297 registered at Police Station Chhanga Manga, District Kasur on 14-10-2003 for offences under sections 302/ 148/149/109, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been observed by me that the F.I.R. in this case had been lodged with reasonable promptitude and both the present petitioners had been specifically nominated therein as some of the culprits who had perpetrated the alleged offences. In the F.I.R. specific allegations had been levelled against both the present petitioners inasmuch as Muhammad Sagheer petitioner No.1 had allegedly raised a Lalkara, opened the assault and had caused fire-arm injuries in the abdomen and on the buttock of Ghulam Abbas alias Sheri deceased and Mustafa alias Munna petitioner No.2 had allegedly caused a fire-arm injury on the back of left flank of the deceased. It is. not disputed that the eye-witnesses mentioned in the F.I.R. have so far stood by their statements made before the police fully implicating the petitioners in the alleged offences and prima facie the medical evidence lends support to the allegations levelled against the petitioners in the'. F.I.R. Apparently the petitioners stand connected with the motive set up in the F.I.R. As offence under section 302, P.P.C. attracts the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. The challan in this case has already been submitted before the learned trial Court and the names of the petitioners have been placed in Column No.3 thereof.

3. It has vehemently been argued by the learned counsel for the petitioners that two successive Investigating Officers, including the Superintendent of Police (Investigation), have concurrently opined in this case that both the petitioners were not present at the scene of the crime at the relevant time. After going through the record of investigation of this case I have not found the said opinion of the Investigating Officers to be based on sound material. Be that as it may the fact remains that the petitioners have not been completely exonerated even by the said Investigating Officers as they had found the petitioners involved in this case as abettors and this is why the petitioners have been recommended for a trial and a challan has already been submitted against them wherein their names have been placed in Column No.3 thereof.

4. For what has been discussed above prima facie reasonable grounds exist to believe in the petitioners' involvement in the alleged offences and this petition is, therefore, dismissed. N.H.Q./M-1276/L?????????????????????????????????????????????????????????????????????????????? Bail refused.