The petitioners, have sought bail in case FIR No, 580 dated 11.6.2007 registered u/S. 302/324/148/149 PPC read with Section 7 of the Anti-Terrorism Act, 1997 at Police Station Islampura, Lahore on the grounds that complainant made a supplementary statement before the I.O. involving Aamir Tamba and 3 others responsible for the killing of his deceased father and injuring Iqbal Jatt PW; that the version in supplementary statement and that of FIR is running contradictory to each other; that both the petitioners were found innocent by three successive Investigating Agencies and the name of the petitioners have been placed in Column No, 2 of the challan, that no specific injury has been attributed to the petitioners and that there is no chance of the absconsion of the petitioners from the jurisdiction of the Court.
2. On the other hand the learned DPG assisted by learned counsel for the complainant argued that the petitioners have shared common intention with their co-accused and they are fully responsible for the commission of offence; that the finding of the I.0 is not backed by reasons hence, is not binding on the Court; that the case is fixed for prosecution evidence on 15.1.2008 and that the conduct exhibited by the petitioners in refusing to sign the statements acknowledging the receipt of supply of copies and the charge before the learned trial Court does not deserve any indulgence to be shown.
3. Heard. Record perused.
4. The petitioners are nominated in the FIR alongwith Awais Cheema, Basit Cheema and Ayaz Sultan Cheema. Written supplementary statement was submitted to the I.O. on the same day.
Aamir alias Tamba alongwith three unknowns person were involved in the commission of offence in addition to nominated accused in the FIR. It was expressed in the application that Amir alias Tamba alongwith his three un-known co-accused were present hiding in a Charri crop and fired indiscriminately resulting into the death of his father and injuring Iqbal Jatt. Medico Legal Certificate of Iqbal Jatt is not on the record however, there is reference of treatment notes of the injured. The petitioners have been found innocent in the investigations conducted by the officials.
Though the opinion of police officer is not binding on the Court yet the same can be examined if it is backed by reasons.
5. We are not examining in detail the grounds urged before us as we are shocked by, the conduct exhibited by the petitioners before the trial Court. They were supplied copies of statements u/S. 161 Cr.P.C. but when asked to sign the receipt of copies, they refused to do the same. This fact has been mentioned by the learned trial Court in the interim order dated 4.12.2007. However, on 13.12.2007 they affixed their thumb marks on the order-sheet acknowledging receipt of supply of copies u/S. 161 Cr.P.C. Charge was framed on 10.1.2008 but again they refused to sign the charge- sheet alongwith their co-accused. The learned trial Court has specifically referred this fact in the order sheet against the statement of each of the accused. The petitioners appeared to be of desperate nature. They have no respect for the proceedings before the Court. We cannot approve of this conduct. The petitioners have refused on one occasion to sing acknowledgement to supply of copies, shown amends at a later stage but again refused to sign/thumb mark the charge framed against them without any reason. We are, therefore, not inclined to grant the concession of bail to the petitioners, who have scant regard to the proceeding being conducted by the Court.
Their rebellious conduct has left no sympathy.
6. The case is fixed for prosecution evidence. Learned counsel for the complainant have undertaken to produce all the witnesses before the Court by tomorrow. The learned trial Court shall endeavor to conclude the trial within a period of two months positively, if no fault is attributed to the petitioners. If the complainant fails to produce evidence and delays the conclusion of trial in the stipulated period, the petitioners have a right to agitate their bail again.
7. In view of above, this petition is dismissed.