2006 PLP 967 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the order, dated 2-6-2003 whereby a learned Single Judge of the Lahore High Court, Lahore, rejected the bail application filed by the petitioner. (2). Facts briefly are that the petitioner himself got registered F.I.R. No.326 on 21-5-2000 at Police Station, Chunian, under sections 302, 109, 148 and 149, P.P.C. for the murder of Muhammad Rafiq, implicating seven other persons. However, the stance taken by the petitioner was controverted by the mother of the deceased namely Mst. Safiya Bibi, putting all blame on him, as Siddique and Zafar, P.Ws. in their statements recorded under section 161, Cr.P.C. implicated the petitioner. On coming to know about this aspect, she moved a formal application and succeeded in getting her version recorded. Thereupon, the petitioner was taken into custody in October 2000. The learned Additional Sessions Judge, Kasur, granted him bail through order, dated 3-4-2001. However, the said order was recalled by the learned Single Judge of the Lahore High Court, Lahore, on 3-8-2001. He surrendered after passage of more than nine months and again applied for post-arrest bail, which has been dismissed through the impugned order. Hence, this petition for leave to appeal. (3). We have considered the contentions raised by the learned counsel for the petitioner as well as of the learned Law Officer and have gone through the documents appended with this petition. It is reflected from the perusal thereof that initially the petitioner succeeded in getting recorded F.I.R. implicating seven other persons for the murder of Muhammad Rafique. As already stated, the mother of the deceased took different version and straightaway implicated the petitioner, in view of the statements of Siddique and Zafar P.Ws. It is further reflected from the record that he has been found implicated and has been placed in Column No.3. The record shows that the mother of the deceased has also filed a complaint and the evidence of quite number of witnesses had already been recorded. Prima facie conduct of the petitioner is not above board as he got recorded F.I.R. and implicating seven other persons and thereafter, remaining at large after cancellation of his bail by the High Court on 3-8-2001 till 20-5-2002. In these circumstances, we are of the view that no illegality has been committed by the learned Single Judge of the Lahore High Court, Lahore, warranting interference in the impugned order. (4). Resultantly, for what has been stated above, the instant petition has no force, which is accordingly dismissed. Leave to appeal is declined. N.H.Q./M-944/SC Leaverefused.