2007 PLP 1056 (MLD)

KHAWAJA MUHAMMAD SHARIF, J.

In support of this petition, learned counsel for the petitioner submits that "Lalkara" which was allegedly raised by petitioner according to the F.I.R. was after the firing at the deceased, that co-accused Abdul Waheed Butt, who was assigned the role of abetment/conspiracy, was allowed bail by this Court and against the order of this Court an application for cancellation of bail was moved, which was withdrawn from the Apex Court, that along with petitioner his son Mohsin was also involved, that he was found innocent by the police and placed in Column No.2 of the challan, that he along with his son is being falsely implicated because it was the petitioner, who had lodged the case against the complainant party and others for the murder of his son Ali while Mohsin was eye-witness in that murder case. Adds that Muhammad Rafique complainant and injured Muhammad Sarwar are not sons of Muhammad Amin deceased because according to him the list of heirs attached by the police on the judicial file shows the name of father of both complainant and injured Muhammad Sarwar as Sajjad and that case of the petitioner is one' of further inquiry falling under sub-clause (2) of section 497, Cr.P.C. He has relied upon 1995 SCMR 343, 1993 SCMR 1992, 2003 SCMR 958, 2002 SCMR 1415, 2006 PCr.LJ 1548 and 2006 SCMR 966 and 2006 SCMR 1292.

2. On the other hand, learned A.P.G. assisted by learned counsel for the complainant submits that challan was submitted on 25-9-2006, petitioner had been placed in Column No.3 of the challan, that copies of the statements of the P.Ws. as required under section 265-C, Cr.P.C. were delivered on 15-11-2006, thereafter again case was fixed for supplying the copies as required under section 265-C, Cr.P.C. for 4-12-2006, that on 13-12-2006 Abdul Waheed Butt co-accused submitted an application that he was not given complete copies of the statements of the witnesses as required under section 265-C, Cr.P.C. so ultimately he was delivered those copies on 19-1-2007. He submits that some of the accused have engaged their counsel but some of the accused have not engaged their counsel so learned trail Court on 1-2-2007 appointed Mr. Rehan Zafar, Advocate at State expense to conduct the trial of this case in ease their counsel do not turn up and now the case is fixed for evidence for 7-3-2007 as the charge has already been framed on 6-2-2007. Further submits that he was present at the spot, motive is also attributed to him and his case is totally different to that of Waheed Butt co-accused, who was allowed bail by this Court.

3. I have heard learned counsel for the parties. Although the bail granted to Waheed Butt co-accused by this Court was not cancelled by the Apex Court as Muhammad Rafique complainant had moved Criminal Petition No.823-L/2006, which was withdrawn after arguing the case at some length. Now as the charge has been framed and case is fixed for evidence for 7-3-2007 and petitioner has been placed in Column No.3 of the challan, I would not like to discuss further about the role of the petitioner whether motive was attributed to him or not but the fact remains that now the case is fixed for evidence for 7-3-2006. Reliance is placed upon 1980 SCMR

203. No case for bail is made out; therefore, this petition is dismissed. N.H.Q./M-108/L Bail refused.