1985 P Cr (PLP)

Major (Retd.) Waheed‑ud‑Din Virk for Petitioner. Miss Sheema Malik for the State. Date of hearing: 31st July, 1984. This is a petition under section 498, Cr.P.C. by Muhammad Anwar, petitioner, for bail in respect of a case instituted against him under section 302, P.P.C. at Police Station Sharaqpur on 4‑2‑1984.

2. The prosecution case as recorded in the F.I.R. is that Muhammad Anwar, petitioner, who was armed with a .12 bore shot gun, on 4‑2‑1984 at about Isha Prayer time, in the presence of Muhammad Ashiq, complainant, told Abdul Majid, deceased that he would taste the result of his wanting to get married elsewhere and fired at him, hitting him (Abdul Majid, deceased) on the left side of his waist, as a result of which he died. It is alleged that the petitioner had a grievance against Abdul Majid, deceased, for he had broken his engagement with the petitioner's daughter and got engaged to another girl. The petitioner is the maternal uncle of the deceased.

3. Immediately after the recording of the F.I.R., the supplementary statement of Muhammad Ashiq complainant, was recorded wherein he stated that the petitioner had used a rifle and not a shot gun when killing the deceased.

4. For the petitioner it is submitted that Muhammad Ashiq, complainant, did not see the occurrence, for he referred to the petitioner shooting at the deceased with a shot gun and injuring him on the left side of his back, whereas the medical evidence showed that the deceased was injured with a rifle and the shot hit the deceased in the front of the chest. Relying upon Walayat's case 1984 S C M R 530 and Mohsin's case 1977 P Cr. L J 159, the learned counsel submits that the petitioner is entitled to be released on bail. It is further submitted that the motive is not strong in the case as would have compelled the petitioner to shoot at the deceased.

5. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. In the F.I.R. Muhammad Ashiq, complainant, referred to Muhammad Anwar, petitioner, as having fired at the deceased with a shot gun, which shot hit the deceasgd on the left side of his waist. The actual words are (KAMER PER BAIN JANIB). Immediately after the recording of the F.I.R., the complainant also gave a supplementary statement where he corrected himself by stating that the petitioner had fired at the deceased with his rifle, but since he had seen the incident in the darkness o Ishawela, he had by mistake mentioned in the F.I.R. that the petitioner had used a shot gun. It cannot be denied that the incident occurred at Ishawela in the darkness of the night. The name of the petitioner has been clearly mentioned in the F.I.R. as the solitary person who fired at and injured the deceased. The questions raised by the learned counsel for the petitioner can only be gone into after the full evidence is recorded. Presently, no good grounds appear for the release of the petitioner on bail.

6. For the foregoing reasons, there is no merit in this petition, which is dismissed. S. G. D. Bail refused.