-Opinion of investigating officer--Petitioner is well nominated in the FIR with specific role of making straight fire with his pistol at deceased which hit him on abdomen near umbilicus, fully supported by the medical evidence-

 PLJ 2022 Cr.C. 200

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

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Opinion of investigating officer--Petitioner is well nominated in the FIR with specific role of making straight fire with his pistol at deceased which hit him on abdomen near umbilicus, fully supported by the medical evidence--Statements recorded before the Investigation officer u/S. 161, Cr.P.C., have fully supported the version--Weapon of offence was also recovered on the pointing out of the present petitioner--Opinion of the police, which is at variance with the crime report--Held: Ipsi dixit of the police is not binding upon the Courts--Bail dismissed.                   [P. 201] A & B

M/s. Habib Ullah Garwah and Mr. James Joseph, Advocates for Petitioner.

Mr.Ansar Yasin, Deputy Prosecutor General for State.

Khawaja Qaisar Butt, Advocate for Complainant.

Date of hearing: 23.9.2021.

 PLJ 2022 Cr.C. 200
[Lahore High Court, Multan Bench]
Present: Ali Zia Bajwa, J.
MUNEER AHMAD--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 5452-B of 2021, decided on 23.9.2021.

Order

Through this petition filed under Section 497, Cr.P.C., petitioner Muneer Ahmad seeks his post-arrest bail in case FIR No.

153/2021, dated 25.03.2021, registered under Sections 302, 34 PPC with Police Station Kot Sultan, District Layyah.

2. Precisely as per contents of crime report on 25.03.2021, at about 05:15 p.m., the petitioner along with his co-accused while armed with fire-arm weapons committed the murder of Saqib Ali, son of the complainant.

3. Arguments heard and record perused.

4. The careful scrutiny of record transpires that the petitioner is well nominated in the FIR with specific role of making straight fire with his pistol at Saqib Ali deceased which hit him on abdomen near umbilicus, fully supported by the medical evidence. The prosecution witnesses, in their statements recorded before the investigation officer under Section 161, Cr.P.C., have fully supported the version furnished in crime report. The offence alleged against the petitioner falls within the prohibition contained in Section 497(1), Cr.P.C. During the course of investigation, the weapon of offence was also recovered on the pointing out of present petitioner.

5. The main emphasis of the arguments of the learned counsel for the petitioner is on the opinion of the police, which is at variance with the crime report. It goes without saying that Ipsi dixit of the police is not binding upon the Courts. Reasonable grounds exist to believe that the petitioner has committed the crime in question. The petitioner has failed to point out any ill-will, mala fide or malice on the part of complainant for his false implication in this case. The case law presented by the learned counsel for the petitioner is distinguishable from the facts and circumstances of this case.

6. Resultantly, this petition for post-arrest bail stands dismissed.

(A.A.K.)          Bail dismissed