-Bail after, arrest, dismissal of--Allegation of--Specific role of committing murder of deceased-

 PLJ 2022 Cr.C. 817

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

----S. 497(1)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 148, 149, 109, 337-F(vi), 337-F(i), 337-A(i) & 337-L(ii)--Bail after, arrest, dismissal of--Allegation of--Specific role of committing murder of deceased--Petitioner has been assigned a specific role of making a fire shot, which landed on chin of (deceased)--The role attributed to petitioner is prima-facie supported by medical evidence because according to postmortem report of deceased, there was a firearm lacerated wound having graze mark on chin (Injury No. 4)--The petitioner has caused a firearm injury on vital part of body of deceased--A pistol has been recovered on pointation of petitioner and as per report of Punjab Forensic Science Agency, Lahore, two empties recovered from spot matched with said pistol--Empties were deposited in office of Punjab Forensic Science Agency, Lahore far earlier to arrest and recovery of pistol on pointation of petitioner--Offence under Section 302, PPC, falls within ambit of prohibitory clause of Section 497 of, Cr.P.C--The petitioner has been found guilty during course of police investigation--Bail dismissed.       [P. 818] A

Mian Muhammad Rauf, Advocate for Petitioner.

Ch. Muhammad Ishaq, Additional Prosecutor General for State.

Malik Muhammad Siddiq Awan, Advocate for Complainant.

Rana Muhammad Shafique, Advocate/Legal Advisor PFSA.

Date of hearing: 27.10.2021.

 PLJ 2022 Cr.C. 817
[Lahore High Court, Lahore]
Present: Malik Shahzad Ahmad Khan, J.
NASIR--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 41394-B of 2021, decided on 27.10.2021.

Order

Through the instant petition, the petitioner seeks post arrest bail in case FIR No. 305/2019, dated 28.11.2019, offences under Sections 302/324/148/149/109/337F(vi)/337F(i)/337A(i)/337L(ii), PPC, Police Station Kur, Tehsil Tandlianwala, District Faisalabad.

2. Arguments heard. Record perused.

3. The petitioner is named in the FIR with the specific role that on the intervening night of 27/28-11-2019, at 12.30 (a.m), he along with his co-accused while armed with different weapons came to the house of the complainant party and committed murder of Zahid Bashir (deceased) and caused injuries to Riaz Hussain, Javed Iqbal, Mulazam Hussain and Ashiq Hussain PWs. The petitioner has been assigned a specific role of making a fire shot, which landed on the chin of Zahid Bashir (deceased). The role attributed to the petitioner is prima-facie supported by the medical evidence because according to the postmortem report of the deceased, there was a firearm lacerated wound having graze mark on chin (Injury No. 4). The petitioner has caused a firearm injury on the vital part of the body of the deceased. A pistol has been recovered on the pointation of the petitioner and as per report of the Punjab Forensic Science Agency, Lahore, two empties recovered from the spot matched with the said pistol. Empties were deposited in the office of Punjab Forensic Science Agency, Lahore far earlier to the arrest and recovery of pistol on the pointation of the petitioner. Offence under Section 302, PPC, falls within the ambit of prohibitory clause of Section 497 of, Cr.P.C. The petitioner has been found guilty during the course of police investigation.

4. In the light of above discussion, there is no substance in the present petition, hence the same is hereby dismissed.

(A.A.K.)          Bail dismissed