1989 P Cr (PLP)

Talib Ali Ghazanfar for Petitioner. Altaf Muhammad Khan for the Slate. A case under section 302/34, P.P.C. stands registered against the petitioner and 2 others with Police Station Samundri, District Faisalabad. The ease was got registered by Salim Yaqoob for the murder of his brother Shamsher Masih aged about 10/11 years. The allegation against the petitioner is that on 28‑12‑1987, at about sunset time Shamsher Masih deceased was going in a lane. III front of him Salim Masih and Emanual were also going. The first informant alongwith one Manzoor Masih was following them. When they reached near the house of one Emanual, he found the petitioner armed with .12 bore gun, his co- accused armed with Sota and another co‑accused, empty‑handed were standing there. The co‑accused of the petitioner raised a Lalkara that Salim Masih and Emanual Masih shall not escape alive and abused them. Salim Masih P.W. also abused him whereupon the petitioner fired at Salim Masih who took shelter behind the wall of a house. The said fire hit Shamsher Masih, brother of the first informant, on the forehead and right eye whereupon he fell down. The co -accused of the petitioner gave Sota blow to Emanual. The commotion attracted many people, therefore, the accused persons ran away. It is contended by learned counsel for the petitioner that the co‑accused of the petitioner have already been released on bail. Submits that it is a case of counter‑version wherein the complainant side had also been summoned by the Magistrate for an offence under section 307, P.P.C. therefore, the case of the petitioner becomes of further inquiry, entitling him to the concession of bail. The contentions have been opposed by learned counsel for the State.

2. I have heard learned counsel and perused the r‑‑cord. The co‑accused of the petitioner were released on bail because one of them was empty‑handed and the other was alleged to have been armed with Sotas but did not cause any injury to the deceased. The petitioner is named in the F.I.R. He was armed with gun and fired a solitary shot resulting in the death of Shamsher Masih. The filing of complaint by the accused side would not mitigate the involvement of the petitioner unless some evidence is recorded. In these circumstances, I find that the case of the petitioner is distinguishable from that of his co‑accused. He alone is alleged to be responsible for the death of Shamsher Masih,

3. For what has been discussed above, the petitioner is not entitled to the concession of bail. Resultantly the petition fails which is accordingly dismissed. M.Y.H./K‑13/L Bail refused.