1992 P Cr (PLP)

R.A. Awan for Petitioner. Rana Maqbool Ahmad Khan for the Complainant. Asif Khalil for the State. Muhammad Parvaiz alias Peja, the petitioner seeks his post-arrest bail in the case registered against him and another under section 302/34, P.P.C. with Police Station Kahna; Lahore, vide F.I.R. No.178/91 dated 18-4-1991 by moving this petition before this Court.

2. The allegations arc that the petitioner-and Muhammad Ramzan while armed with mausers in furtherance of their common intention came to the house of Mst. Perveen in village Lakhoder on 18-4-1991. The petitioner asked her as to why she did not desist from talking with others whereupon she bounced upon him by saying that he had no concern with that. Both the accused started firing upon Mst. Parveen. She fell down and died on the spot.

3. It is contended that the eye-witnesses namely Imdad Hussain and Baber have sworn affidavits (Annexures `C' and `D') to disclose that they did not see the occurrence. Learned counsel argues that recovery witness also gave an affidavit that he did not sec the recovery of mauser at the instance of the petitioner. He, therefore, says that the case of the petitioner was that of further inquiry. Last contention is that the co-accused Muhammad Ramzan was allowed bail by the learned trial Judge under similar circumstances. Reliance in this behalf is placed on the order dated 10-9-1991 whereby the bail was refused to the petitioner while it was allowed to Muhammad Ramzan. Learned State counsel opposed the bail petition on the ground that the affidavits relied upon by the petitioner cannot be considered at this stage,

4. I have heard the learned counsel for the parties and have seen the record with care. The petitioner is named with .a specific role in committing the murder of Mst. Parveen with mauser in the F.I.R. The weapon was recovered at the instance of the petitioner. The genuineness or otherwise of the affidavits referred to above shall be determined by the learned trial Judge during trial. This is, of course not the stage to give opinion one way or the other on these documents. Mst. Azeem Bibi (first informant) still levels the allegation of murder against the petitioner. Case of the petitioner does not fall outside the prohibitory clause of section 497, Cr.P.C. No case for grant of bail to the petitioner has been made out by the learned counsel. In the circumstances the bail petition is dismissed with a direction that the learned trial Court may conclude the trial against the petitioner within next two months without fail. Office shall send a copy of this order to the learned trial Judge for compliance. N.H.Q./M-332/L Bail declined.