-An offence under Section 302, PPC attracts prohibitory clause contained in sub-section (1) of Section 497, Cr.P.C--Prima facie reasonable grounds exist regarding involvement of petitioner in murder in issue as prosecution has sufficient incriminating material on record against petitioner-

 PLJ 2021 Cr.C. (Lahore) 99

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497(1)--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Bail after arrest, dismissal of--Offence of murder--Petitioner is nominated in FIR with specific role of causing firearm injury on left side of chest of deceased --Postmortem examination of deceased reflected said injury as Injury No. 1 and has been declared as cause of death--Medical evidence is in line with ocular account--statements of P.Ws. recorded by Police fully corroborate prosecution’s version--recovery of pistol has also been effected from petitioner during course of investigation--An offence under Section 302, PPC attracts prohibitory clause contained in sub-section (1) of Section 497, Cr.P.C--Prima facie reasonable grounds exist regarding involvement of petitioner in murder in issue as prosecution has sufficient incriminating material on record against petitioner--All contentions raised by petitioner need deeper appreciation of evidence that is not permissible at this stage--Petition was dismissed. [P. 100] A & B

2014 SCMR 1669 and 2011 SCMR 170 ref.

Mr. Munir Ahmad Bhatti, Advocate for Petitioner.

Mr. Muhammad Ahmed Saeed, DPG for State.

Mr. Nasir Mahboob Tiwana, Advocate for Complainant.

Date of hearing: 14.10.2019.

 PLJ 2021 Cr.C. (Lahore) 99
Present: Sardar Muhammad Sarfraz Dogar, J.
MUHAMMAD HASHIM KHAN--Petitioner
versus
STATE and another--Respondents.
Crl. Misc. No. 54362-B of 2019, decided on 14.10.2019.

Order

Through this petition, Muhammad Hashim, the Petitioner, seeks post-arrest bail in case FIR No. 110/2019, dated 24.3.2019, offences under Sections 302, 34, PPC, registered with the Police Station City Joharabad, District Khushab, at the instance of Ansar Nawaz Complainant.

2. According to the crime report, the allegation against the petitioner is that he along with his co-accused assaulted upon the complainant’s party near Ishfaq Karyana Store, Burhan Town Joharabad and during the occurrence the petitioner fired a shot with his pistol which hit left side of chest of Adnan Haider, who succumbed to the injury at the spot.

3. Arguments heard, record perused.

4. Record reflects that the petitioner is nominated in the FIR with specific role of causing firearm injury on the left side of chest of deceased Adnan Haider. The postmortem examination of Adnan Haider reflected said injury as Injury No. 1 and has been declared as cause of death. The medical evidence is in line with the ocular account. The statements of P.Ws. recorded by the Police fully corroborate the prosecution’s version. The recovery of pistol has also been effected from the petitioner during the course of investigation.

5. An offence under Section 302, PPC attracts the prohibitory clause contained in sub-section (1) of Section 497, Cr.P.C. Prima facie reasonable grounds exist regarding involvement of the petitioner in the murder in issue as the prosecution has sufficient incriminating material on record against the petitioner. All the contentions raised by the petitioner need deeper appreciation of evidence that is not permissible at this stage. Guidance is sought from Munir Ahmed v. The State and another (2014 SCMR 1669) and Malik Ageel v. The State (2011 SCMR 170).

6. For the above reasons, instant petition is dismissed. It is, however, clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.

(A.A.K.)          Bail dismissed