2007 PLP 1184 (YLR)

M. BILAL KHAN, J.

Muhammad Ahmad son of Muhammad Shafique, the petitioner, seeks post-arrest bail in case F.I.R. No.420 of 2005 dated 22-9-2005 registered with Police Station Johar Town, Lahore for offences under sections 109 and 302/34, P.P.C.

2. The case of the prosecution .as it unfolded in the F.I.R., registered at the instance of Shahid Ashfaq son of Muhammad Ashfaq, the complainant, was that on 22-9-2005 he had gone to his maternal uncle Sajid Sulehri's house situated at 263/E 2, Johar Town, Lahore, about 9-30 a.m. Sajid Sulehri left his house in his Mitsubishi Car bearing 'No.LOT/1415; a short-while thereafter, a report of firing was heard; on the report of firing and noise raised by the people, his cousin Ali Raza came out and observed that the assailants riding on two motorcycles who were young with wheatish complexion and moderate height were fleeing from the scene; they could be identified if brought before them; on reaching the spot his maternal uncle Sajid Ali Sulehri was seen in the car besmeared in blood; he .and his cousin Ali Raza were in the process of removing him to Jinnah Hospital when he succumbed to his injuries; the doctor on duty at Emergency Ward confirmed about his death; on 29-5-2005 about midnight some unknown persons had made firing at the house of his maternal uncle at 263-E2, Jauhar Town, Lahore; apparently his maternal uncle did not have any animosity or dealings with any one; sometime back his maternal uncle Sajid Sulehri had got compromise effected between Nazeer Bhatti, etc. on one side and Muhammad Ahmad and Mehmood Abroad sons of Muhammad Shafique on the other side; whereafter Muhammad Siddique son of Siraj Din, a cousin of Shahid Sulehri had been fired upon and injured by an unknown person;.- Sajid Sulehri had helped out Muhammad Siddique in his medical treatment as also in pursuing his case. According to the prosecution a strict vigil had been kept on the house of Sajid. Sulehri's house by unknown elements; on the day of occurrence such vigil had been going on since morning. Resultantly the instant F.I.R. had been recorded.

3. The petitioner's plea for post-arrest bail did not find favour with the learned Additional Sessions Judge, Lahore who dismissed his bail application vide order dated 10-4-2006. Hence this petition.

47. I have heard the learned counsel for the parties and have perused the record.

5. It has been observed that the motorcycle allegedly used during the course of transaction which belonged to the petitioner had been recovered from his co-accused Usman on 28-3-2006. Muhammad Ahmad petitioner is also proclaimed offender in case F.I.R. No.277 of 2005 dated 15-9-2005 registered with Police Station Sabazpir District Sialkot wherein 3 1/2 k.g. Charas had been recovered from his mother Gul Naz who stands convicted and sentenced to a term of 10 years' imprisonment whereas the petitioner remained a P.O. in the said case. It is also on record that motive in the present occurrence was that Muhammad Ahmad petitioner had suspected that the deceased was the source of information on the basis of which raid had been conducted in case F.I.R. No.277 of 2005 supra. The charge has already been framed and the trial is in progress. There is prima facie ample material against the petitioner at this stage to connect him with the commission of the alleged offence. There is no merit in this petition, which is hereby dismissed. H.B.T./M-4/L Bail refused.