2008 PLP 1254 (YLR)

TARIQ SHAMIM, J.

Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No.106 of 2006 dated 28-2-2006 for offences ender section 302, 324, 148 and 149, P.P.C. registered at Police Station Saddar Pasrur, District Sialkot.

2. Briefly stated the facts of the case are that the petitioner and his co-accused while armed with fire-arm weapons are alleged to have committed the murder of two brothers of the complainant as well as his nephew.

3. The learned counsel for the petitioner contends that the petitioner has been implicated in the case on the basis of a supplementary statement which has no value; that the petitioner was known to the complainant and non-mentioning of his name in the F.I.R. creates doubt about the veracity of the allegations levelled therein; that the petitioner has not been identified by two independent witnesses during the identification parade; that no motive is ascribed to the petitioner in the F.I.R.; that the petitioner is behind the bars for the last about fifteen months, therefore; he is entitled to be released on bail.

4. The learned Deputy Prosecutor General assisted by the learned counsel for the complainant has vehemently opposed the petition.

5. I have heard the learned counsel for the parties and gone through Ole record.

6. The contents of the F.I.R. reveal that apart from the nominated accused three unknown persons were also responsible for committing the murder of three innocent persons. The complainant in his supplementary statement nominated the petitioner as one of unknown person who had participated in the said gruesome occurrence. Identification parade was held in which the petitioner was identified by the three witnesses. During investigation, a .44 bore rifle was recovered from the petitioner which further connects him with the prosecution case. Needless to add that a number of empties of assorted calibers were also recovered from the spot by the police. The offence with which the petitioner is charged entails capital sentence, therefore, the same squarely falls within the prohibitory clause of section 497, Cr.P.C. It is also in the evidence that the petitioner has received money from Shahid Nawaz the main accused for playing a vital role in the murder of the deceased. The order dated 14-11-2006 passed in Crl. Misc No.8749-B of 2006, whereby Razzaq Khan, the co-accused of the petitioner was declined bail by this Court, has been perused. 'I have no reason to deviate from the conclusions drawn by this Court while dismissing the bail petition of Razzaq Khan accused. For what has been stated above, this petition has no merit which is dismissed. N.H.Q./Y-1/L????????????????????????????????????????????????????????????????????????????????????? Bail refused.