2007 PLP 1278 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

This is application for cancellation of bail granted to the respondent by learned Additional Sessions Judge, Sialkot.

2. Learned counsel for the petitioner submits that it is a case of promptly lodged F.I.R.; that one person had lost his life while two persons were injured; that there are three accused namely Imran, Sajjad and Qamar who are proclaimed offenders; that respondent was armed with fire-arm, fired a shot on the flank of Muhammad Saleem injured P. W. ; that ocular account is fully corroborated by medical evidence; that there is no question of false implication of the respondent; that injured Muhammad Saleem and Muhammad Azeem are still supporting the prosecution case; Muhammad Saleem injured is unable to walk; that reasons given by learned Additional Sessions Judge for grant of bail to the respondent are not in accordance with law; that respondent is not entitled to the grant of bail.

3. On the other hand learned counsel for the respondent submits that respondent has been falsely implicated in this case; that he was present in the house of Mst. Rashida Bibi who is maternal aunt of Imran Proclaimed Offender; that challan has been submitted in the Court and the case is fixed for framing of charge; that he had not even touched the deceased; that he has been placed in Column No.2 of the challan; that no recovery was effected from him and he was rightly allowed bail by learned Additional Sessions Judge.

4. Learned State counsel supports the submission made by learned counsel for the petitioner.

5. I have heard learned counsel for the parties. The occurrence in this case had taken place on 20-1-2006. Respondent did not surrender for more than 50 days. He has produced the witnesses on 12-3-2006 and 17-3-2006. It is a case in which one person had lost his life and two persons were injured. Respondent caused injury with his rifle on the person of Muhammad Saleem. Muhammad Saleem and Muhammad Azeem are star witnesses of the prosecution. They are still supporting the prosecution case. A certificate from an Orthopaedic Surgeon has been produced by learned counsel for the petitioner in which doctor has stated that Muhammad Saleem injured is unable to move. It is not a casein which at a spur of moment occurrence had taken place. According to F.I.R. the accused waylaid when the complainant party was coming while the respondent along with his co-accused fired at complainant party and caused injuries on the person of the deceased and injured Muhammad Saleem and Muhammad Azeem. Offence falls within the prohibitory clause of section 497(1), Cr.P.C. The finding of the police is not binding upon the Court. There are injured eye-witnesses in this case who are still supporting the case of prosecution and three accused are still at large, in my considered opinion the respondent is not entitled to the grant- of bail. In this view of the matter, this petition is accepted and bail granting order is withdrawn. H.B.T./M-726/L Bail cancelled.