2008 P Cr (PLP)

ABDUL SHAKOOR PARACHA, J.

Through this petition under section 497, Cr.P.C. Nasir Khan son of Shifaullah Khan petitioner seeks bail after arrest in case registered against him vide F.I.R. No.226, dated 31-5-2007 for offences under sections 302/324/148/149, P.P.C. at Police Station City Mianwali. Bail has been declined to the petitioner by the learned Additional Sessions Judge, Judge Mianwali, vide his order, dated 5-12-2007, hence this petition.

2. As per F.I.R. on 31-5-2007 Ameer Amanullah Khan complainant along with Muhammad Asif Khan, Sajid Khan and Abdul Ghafoor Khan were going back to their home after attending the Court of learned Senior Civil Judge, Mianwali. Muhammad Asif Khan complainant's nephew was going ahead some paces. When they reached near Khushali Bank and Umar Farooq P.C.O. at about 9-30 a.m. suddenly petitioner Nash. Khan and co-accused while armed with fire-arm came from the backside on 2-D car of white colour. They stopped the car and all the three accused deboarded from the car while another person armed with fire-arm remained sitting in the car. Accused raised Lalkara to Muhammad Asif Khan that today they have come to take the revenge and he would not be alive. All the three accused in order to murder Muhammad Asif Khan, fired at him which hit on the different parts of his body. Muhammad Asif Khan fell down in injured condition near the P.C.O. Aslam Khan son of Ahmad Khan and Muhammad Ishaq son of Atta Muhammad, who were passing nearby were also injured by the firing. The complainant raised alarm. Accused while seeing Asif Khan falling on the ground in injured condition went towards P.A.F. Road on the car. The complainant and others brought Asif Khan and the other injured to the D.H.Q. Hospital, Mianwali where Asif Khan succumbed to the injuries.

3. Learned counsel for petitioner contends that Aamir Khan and Saifullah Khan co-accused have been admitted to bail by the High Court; the petitioner's case is at par with the case of co-accused, therefore, on the principle of consistency the petitioner is also entitled for bail. Adds that the petitioner has been declared innocent ' by the police during investigation; no specific injury has been attributed to the petitioner; general allegation of firing has been attributed to the petitioner and his co-accused; the case of the petitioner is of further inquiry, therefore, he is entitled for grant of bail.

4. Conversely, bail, petition has been opposed by D.P.-G. assisted by the learned counsel for complainant on the ground that the petitioner is nominated in the F.I.R.; the case of the petitioner is not at par with the case of co-accused who have been enlarged on bail by this Court; Aslam Khan son of Ahmad Khan, passer-by who was present at the spot sustained injury has also implicated the petitioner in his statement under section 161, Cr.P.C. The petitioner is found guilty during investigation; report under section 173, Cr.P.C. has been submitted in Court; offences fall under the prohibitory clause of section 497, Cr.P.C. therefore, the petitioner is not entitle for grant of bail.

5. Arguments heard. Record perused. The case of the petitioner is not at par with the case of Amir Khan and Saifullah co-accused who had been admitted to bail vide order, dated 11-10-2007 passed by this Court. The raised plea of alibi before the Investigating Officer which found favour with the Court and were released on bail. The petitioner is nominated in the F.I.R. with specific role of causing injury to the deceased. Pistol has been recovered from him. Aslam Khan son of Ahmad Khan, passer-by who was present at the spot sustained injury has also implicated the petitioner in his statement under section 161, Cr.P.C. The petitioner has been found guilty by the police during investigation. Report under section 173, Cr.P.C. has been submitted in Court. Offences fall under the prohibitory clause of section 497, Cr.P.C. This being so, this petition fails and the same is dismissed. H.B.T./N-8/L Bail refused.