2017 PLP 76 (YLRN)

MAZHAR IQBAL SIDHU, J.

Tanveer Ahmad after having been arrested to prison prays for his letting out of jail through the instant application.

2. Accusation sententiously is that the petitioner along with his co-accused mentioned in the FIR caused the death of Tahir Naseem, brother of Muhammad Yar, complainant.

3. By specificity the role against the petitioner is that he held a firearm weapon at the time of incident, made a fire shot with it hitting Tahir Naseem at his chest, fell dead.

3. Learned counsel for the petitioner argues that the complainant party has distorted and twisted the facts of coming-off the rueful incident; in the alleged incident, Muhammad Ahmad son of Zulfiqar, of the petitioner's party also died whose death has been suppressed while partway investigation cross-firing made was limelighted withal an errant shot might have hit deceased Tahir Naseem; more so, the weapon allegedly recovered from him lacks corroboration on account of non-availability of its spent crime empties; all these circumstances, prima facie, constitute a case for the grant of bail to the petitioner, therefore, instant application may be accepted. Learned counsel has also turned to favouring precedential law.

4. Learned Additional Prosecutor General assisted by the learned counsel for the complainant has hapsodizedly argued that the petitioner is named in the FIR; he is the sole perpetrator of the murder of Tahir Naseem; partway investigation has been found guilty and recovery of the crime weapon has also been effected while medical evidence adheres to ocular account; the offence alleged falls within the prohibitory clause of section 497, Cr.P.C, therefore, the prayer made by the petitioner deserves turning down.

5. Learned counsel for the complainant rambunctiously has criticized the police opinion and has supplemented the arguments of learned Additional Prosecutor General with postulations of the Hon'ble Supreme Court of Pakistan. 5(sic) Tripartite arguments heard. Record perused fastidiously.

6. Incident took place under the sun light reported within hour, the place of occurrence has been noticed distant. 05-Kilometer from the police station reporting being prompt, Prima facie, excludes hypothesis of deliberations and consultations. Petitioner remains the sole who made a fire shot at the deceased resulted in his instantaneous death. Medical evidence coheres the ocular account. Investigating agency opines the petitioner guilty. Offence alleged falls within the prohibitory clause of section 497, Cr.P.C. The arguments of the learned counsel for the petitioner murmur to the profundity in facts but the law sans juncturally, therefore, the Court is of the humble view that nohow the case is constituted for the grant of bail, thus, sequently the same is yielded in dismissal. SL/T-7/L Bail declined.