' FAQIR MUHAMMAD KHOKHAR, J.---This petition isdirected against order dated 3-10-2002 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,5235/B of 2002.
2. The case F.I.R. No,340 of 2000 was registered on 26-11-2000 at Police Station Chhab Kalan, District Khanewal, under sections 148/302/324/149/109, P.P.C. Against the petitioner and others on the complaint of one Ijaz-ul-Haq for the murder of his brother Malik Muhammad Yousuf, Advocate and for causing a fire-arm injury on the person Abid Hussain. The' petitioner moved a Criminal Miscellaneous No, 818-B of 2002 for bail which was dismissed on 30-5-2002, by the Lahore High Court, Lahore as withdrawn. The petitioner again moved a Criminal Miscellaneous No,5235-B of 2002, which was dimissed by the Lahore High Court, Lahore by impugned order dated 3-10-2002.
3. The learned counsel for the petitioner argued that the petitioner was behind the bars since 26-11- 2000. It was submitted that, despite the directions of the High Court, the complete challan had not so far been submitted. At the time of occurrence, the petitioner was a minor boy of just over 15 years of age. He was, therefore, entitled to the concession of bail under the provisions of Juvenile Justice System Ordinance, 2000. The other co-accused Azizullah and Muhammad Anwar had already been released on bail.
4. We have .Heard the learned counsel for the petitioner at length. We find that the occurrence took place during the daylight. The F.I.R. Was lodged promptly at the Police Station. The petitioner is alleged to have caused fire-arm injuries on the person of the deceased Muhammad Yousaf, Advocate and Abid Hussain P.W. The police submitted challan before the trial Court on 12-7-2002.
According to the prosecution, the motive for occurrence was that Malik Muhammad Yousaf, Advocate had been conducting and pursuing the Court cases on behalf of the opposite party of the accused in the discharge of his professional duties. The other co-accused were released on bail as they were found innocent during the police investigation. In the facts and circumstances of the case, the Lahore High Court was justified in refusing to release the petitioner on bail in the murder case. No exception can be taken to the discretion so exercised by the High Court in the mattes '!'his is not a fit case for grant of leave to appeal.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly.