--S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/337-A/337-A(iv)/337-F(v)/148/149--Cross version--Post arrest bail--

 PLJ 2022 Cr.C (Note) 5

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

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/337-A/337-A(iv)/337-F(v)/148/149--Cross version--Post arrest bail--Dismissal of--Petitioner was nominated in the crime report with specific role of causing firearm injury to the deceased, which find support from the medical evidence available on record--Cross version claimed to have been got recorded by the petitioner’s side was discarded by the police during the investigation--Offence is heinous in nature and catches the prohibition contained u/S. 497 Cr.P.C--Bail dismissed.

                                                                                      [Para 3] A & B

Ch. Muhammad Abu Bakar Khalid, Advocate for Petitioner

Mr. Hassan Mehmood Tareen, Deputy Prosecutor General for State.

Date of hearing: 22.4.2021.

 PLJ 2022 Cr.C (Note) 5
[Lahore High Court, Multan Bench]
Present: Sardar ahmed Naeem, J.
NOOR AHMAD--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 379-B of 2021, decided on 22.4.2021.

Order

Noor Ahmad, petitioner seeks post-arrest bail in case FIR No. 171 dated 19.5.2020 under Sections 302, 337-A(i), 337-A(iv), 337-F(v), 148, 149 PPC registered at Police Station Shah Kot, District Sahiwal.

2. Allegedly, the petitioner being member of unlawful assembly and in prosecution of its common object committed Qatl-e-Amd of Naseer Ahmad, the deceased.

3. After hearing the learned counsel for the parties and perusing the record it was noticed that the petitioner was nominated in the crime report with specific role of causing fire-arm injury to the deceased, which find support from the medical evidence available on record. The version of the complainant gets support from the statements of the PWs recorded under Section 161, Cr.P.C. The cross version claimed to have been got recorded by the petitioner’s side was discarded by the police during the investigation. Deeper appreciation of evidence cannot be undertaken at this stage and the Court only has to sift the material in a tentative manner. No ill-will or animosity was attributed to the PWs for false involvement of the petitioner in this case. The fatal injury is attributed to the petitioner. The offence is heinous in nature and catches the prohibition contained under Section 497, Cr.P.C. There is sufficient incriminating evidence on record showing strong nexus of the petitioner with the above crime, thus, I am not inclined to exercise my discretion in favour of the petitioner.

4. For the reasons mentioned above there is no merit in this petition which is hereby dismissed.

(K.Q.B.)          Bail dismissed