-S. 497--PPC,Ss. 302--Post arrest bail, dismissal of--Allegation of committing homicidal death of niece of complainant while firing with thirty bore pistol-

 PLJ 2021 Cr.C. (Lahore) 218

Criminal Procedure Code 1898 (V of 1898)

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302--Post arrest bail, dismissal of--Allegation of committing homicidal death of niece of complainant while firing with thirty bore pistol--Petition filed on merit as well as medical ground--Prosecution version finds corroboration from the post mortem report of deceased--Material so far collected during investigation, constitute reasonable ground to connect petitioner with commission of offence which falls within the prohibited clause as well--Petition dismissed.                   [P. 219] A

Malik Jahanzaib, Advocate vice counsel for Petitioner.

Mr. Muhammad Arshad Ali Farooqi, D.P.G. for State.

M/s. Naila Mushtaq Dhoon and Muhammad Mushtaq Dhoon, Advocates for Complainant.

Date of hearing: 1.10.2020.

 PLJ 2021 Cr.C. (Lahore) 218
Present: Raja Shahid Mehmood Abbasi, J.
RAFI ULLAH--Petitioner
versus
STATE etc--Respondents
Crl. Misc. No. 32661-B of 2020, decided on 1.10.2020.

Order

Through this petition under Section 497, Cr.P.C. the petitioner Rafi Ullah, seeks post-arrest bail in case F.I.R. No. 115 dated 26.03.2019 under Section 302, PPC, registered at Police Station Kundian Mianwali.

2. Briefly the prosecution case as per crime report got lodged by Bahawal Khan complainant is that on 26.03.2019 at 06:30 pm the petitioner committed homicidal death of Mst. Parveen, niece of the complainant, while firing with his .30-bore pistol.

3. Heard. Record perused.

4. This petition has been filed on merit as well as on medical ground. It evinces from record that in the crime report the version of Bahawal Khan complainant was that present petitioner Raif Ullah gunned down his niece Mst. Parveen and the responsibility of fire shot on the right side of chest of the deceased was upon the present petitioner. During investigation the petitioner was declared guilty and weapon of offence i.e. pistol, was duly recovered from him. The prosecution witnesses still stand with their statements recorded under Section 161, Cr.P.C. The prosecution version finds corroboration from the post-mortem report of the deceased. The material so far collected during the investigation, constitute reasonable ground to connect the petitioner with the commission of offence. The offence with which the petitioner is charged fall with the prohibitory clause of Section 497, Cr.P.C.

5. Consequently this petition being devoid of any force is hereby dismissed.

(Z.A.S.)           Petition dismissed