2006 PLP 3044 (YLR)

ASIF SAEED KHAN KHOSA, J.

Through this petition Muhammad Qasim petitioner has sought post-arrest bail in case F.I.R. No.482 registered at Police Station Lundianwala, District Faisalabad on 2-6-2004 in respect of offences under sections 148/302/324/149, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that although the occurrence in this case had taken place in the middle of a night yet the matter had been reported to the police with reasonable promptitude. The present petitioner has been nominated in the F.I.R. as the principal perpetrator of the alleged offences and he has been ascribed a leading role in the F.I.R. According to the F.I.R. the petitioner raised a Lalkara and then opened the assault by giving a Sota blow on the head of Mst. Pehnen Bibi exposing the bone of her head. Even in the supplementary statement made by the complainant on 3-8-2004 the complainant had remained consistent vis-a-vis the petitioner's role and have levelled identical allegations against the petitioner. It is not disputed that the eye-witnesses mentioned in the F.I.R., including two injured victims, have so far stood by their statements made before the police fully implicating the petitioner in the alleged offences and that prima facie the medical evidence lends support to the allegation leveled against the petitioner in the F.I.R. Apparently the petitioner stands directly connected with the motive set up in the F.I.R. and during the investigation the weapon of offence has already been recovered from the petitioner's possession. The petitioner had statedly come to the place of occurrence after having armed himself with a weapon and had then played a leading role in the alleged incident which prima facie shows sharing of common object by the petitioner with his co-accused. The offences under sections 302 and 324, P.P.C. attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. After having become convinced of the petitioner's guilt the local police have already submitted a challan against him. The case against the petitioner is quite distinguishable from that against his two co-accused admitted to post-arrest bail by this Court inasmuch as the roles attributed to the said co-accused in the F.I.R. had subsequently been changed by the complainant through his above-mentioned supplementary statement but this consideration is not relevant to the petitioner as the complainant has throughout remained consistent vis-a-vis the petitioner's role.

3. For what has been discussed above prima facie reasonable grounds exist to believe in the petitioner's involvement in the alleged offences and this petition is, therefore, dismissed. H.B.T./M-470/L Bail refused.