' TASSADDUQ HUSSAIN JILLANI, J.--- The petitioner/ complainant (in case F.I.R. No,336 of 2004, dated 19-11-2004 registered under sections 302/380/452/148/149, P.P.C. At Police Station Makhdoom Rasheed District Multan) seeks cancellation of bail granted to Muhammad Ilyas respondent by the High Court vide order dated 9-2-2005.
2. The prosecution story briefly stated is that on the fateful day and time when the complainant was visiting his cousin Muhammad Akram deceased, respondent armed with rifle, Manzoor co- accused armed with rifle along with eight others entered the premises. Manzoor raised Lalkara that Akram be taught a lesson which was followed by tire from him which hit Muhammad Akram on his eye and nose and he fell down whereupon respondent Ilyas fired at him which hit him on the right - cheek. It was further alleged that respondent gave a butt blow to Muhammad Akram in consequence of which his left arm was fractured. During the occurrence four other persons from the complainant side also received injuries.
3. The learned counsel for the petitioner seeks cancellation of bail on the ground that the respondent was specifically named in the F.I.R. With a definite role attributed to him of having armed with deadly weapon and of having caused injuries on the person of the deceased and there was no tenable ground to grant him bail. Further contended that the respondent also has previous criminal record.
4. The learned counsel for the State supported the petition as according to him there was sufficient evidence implicating the respondent; that the ocular account consisting of four injured witnesses was corroborated by the medical evidence inasmuch as injuries Nos.3 and 4 on the person of the deceased are attributed to the respondent.
5. We have heard the learned counsel for the petitioner as also the State and have also perused the record.
6. Muhammad Ilyas has not appeared despite service. He is specifically named in the F.I.R. To have come to the spot armed with a rifle and to have fired at the deceased. It is further alleged that he caused a butt blow on the person of the deceased in consequence of which his left arm was fractured. Prima facie police had no tenable ground to disbelieve the injured witnesses. In view of the allegations levelled, the case of the respondent squarely falls within the mischief of section 302, P.P.C. That being so, the impugned order granting bail to the respondent Muhammad Ilyas cannot be sustained. Resultantly this petition is converted into appeal and allowed. The order dated 26-7- 2005 passed by a learned Judge of the Lahore High Court in Criminal Miscellaneous No,988/B of 2005 is set aside.