2007 PLP 1877 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

Learned counsel for the petitioner vehemently submits that petitioner has been falsely implicated in this case, that 12 accused are named in the F.I.R. along with two unknown persons, that four are accused of abetment, that three co-accused, who are attributed specific injuries, were got discharged by the police, that no complaint was filed by the complainant against them, that no specific injury is attributed to the petitioner, that petitioner's wife Mst. Reshman had filed habeas corpus petition before this Court for the alleged illegal confinement of the petitioner but police being inimical had got him falsely involved in this case, then in the year 2004 petitioner had also filed writ petition against the police before this Court, that case of the petitioner is one of further inquiry falling under subsection (2) of section 497, Cr.P.C. and he is entitled to the grant of bail. She has relied upon 1998 SCMR 454, 2002 PCr.LJ 791, 1996 SCMR 931, PLD 1989 SC 585 and 1999 SCMR 1271.

2. Learned State Counsel submits that petitioner is named in the F.I.R., that he fired at the deceased, that there are two deceased in this case, that Kalashnikov has been recovered from him, that he has been found guilty by the Investigating Officer and DSP concerned, that he has been placed in Column No.3 of the challan and the offence alleged against him falls within the ambit of section 497(1), Cr.P.C.

3. I have heard lengthy arguments on behalf of learned counsel for the petitioner. There are two deceased in this case, namely, Zafar Iqbal and Muhammad Aslam. Zafar Iqbal deceased received eight injuries while Muhammad Aslam deceased received 16 injuries with fire-arm on their persons. According to the F.I.R. petitioner along with other accused while armed with Kalashnikov caused injuries on the persons of two deceased. During the course of investigation, Kalashnikov was recovered from him, from the place of occurrence following crime empties i.e. 24 crime empties of Kalashnikov, 12 crime empties of 244 bore rifle five crime empties of 222 bore rifle, three crime empties of .12 bore gun, so in all 44 crime empties were recovered, which shows the number of accused and the firing made by them. The Investigating Officer had also sent the said crime empties along with Kalashnikov and other fire-arm recovered from the co-accused to fire-arm expert for comparison. Moreover, during the course of investigation petitioner was also found guilty by the police and had been placed in Column No.3 of the challan. As far as the contention of learned counsel for the petitioner that habeas corpus petition was filed by Mst. Reshaman wife of the petitioner, is concerned, the findings passed by this Court is dated 21-6-2006 and the same learned counsel had appeared before my learned brother Syed Shabbar Raza Rizvi, J. and the order 21-6-2006 is as under:- "The learned counsel for the petitioner submits that detenu has returned home and he was not illegally or improperly detained by respondent police officials. In view of above statements, this writ petition is disposed of." After having heard learned counsel for the parties and going through the record, I am of the considered opinion that offence alleged against the petitioner falls within the ambit of section 497(1), Cr.P.C. No case for bail is made out; therefore, this petition is dismissed. The judgments cited by learned counsel for the petitioner are not applicable in this case. H.B.T./M-147/L Bail refused.