' IJAZ AHMAD CHAUDHRY, J. The petitioner Wajid Ali seeks post arrest bail in case F.I.R. No. 419 of 2009 dated 5-10-2006 registered under sections 302, 148, 149 and 109, P.P.C. At the Police Station Khankah Dogran, District Nakana Sahib.
2. The precise relevant facts as stated in the F.I.R. Are that the petitioner along with the others while farming unlawful assembly launched a murderous assault upon Manzal Abbas and caused firearm injury on his person, who later on succumbed to the injuries.
3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the case with mala fide intention and ulterior motive on part of the complainant and the local police. It is further contended that no specific role has been attributed to the petitioner, and co-accused of the petitioner was alleged to be armed with automatic weapon, and the deceased received five injuries, which could be caused with only one automatic weapon, in the intention of the complainant is very much clear for involving the petitioner and other family members by widening the net so that no member is spared to pursue the case. Further contends that during the remand nothing has been recovered from the petitioner, and in the investigation the petitioner was found innocent and case of the petitioner is that of further inquiry. Also contends that the petitioner is minor according to the School Leaving Certificate his date of birth was 4-5-1990 and at the time of occurrence his age was less than 18 years, therefore, the petitioner is entitled for bail under the Juvenile Justice System Ordinance, 2000; that no specific injury was attributed to the petitioner; that Muhammad Younas co-accused has been allowed bail from the learned trial Court while Sana Ullah has been granted bail by this Court on 28-7-2009 and the case of the petitioner is not distinguishable form the case of the accused who have been allowed bail, therefore, he is also entitled to the same relief.
4. Learned D.P.G. Assisted by the counsel for the complainant on the other hand, has opposed the bail petition on the ground that role of the petitioner is distinguishable from the role of the co- accused Sana Ullah and Muhammad Younas; that the accused who have been allowed bail are close relative of the petitioner, who are not appearing before the learned trial Court and the learned trial Court has shown its inability to conclude the trial due to delaying tactics and even the charge could not be framed; and that another criminal case F.I.R. No.425 of 2009 dated 27-10-2009 under sections 7-ATA, 149, 427, 148, 149, 324 and 436, P.P.C. Was also got registered against the accused persons namely Muhammad Younas, Sana Ullah and Sabir, at Police Station Khankah Dogran by a person from the complainant side and the petitioner is not entitled for the concession of bail.
5. I have heard the arguments of the learned counsel for the parties and have examined the record appended with this petition.
6. Role of the petitioner is distinguishable to the role of the co-accused who has been allowed bail.
The co-accused Sana Ullah, Muhammad Younas and Sabir have been released on bail by this Court and by the learned Additional Sessions Judge on different dates. They are involved in another case F.I.R. No.425 of 2009 under sections 7-ATA, 149, 427, 148, 149, 324, 436, P.P.C. At Police Station Khankah Dogran registered at the instance of a close relative of the complainant party but in the case in hand it is found that co-accused released on bail are not joining the trial and are using delaying tactics. The learned Additional Sessions Judge has shown his inability to conclude the trial rather to frame the charge in spite of elapse of three years and pendency of the case before him is due to delaying tactics used by the accused party and it has been mentioned by him in the said order. Even otherwise the incident had taken place on 5-10-2006 and the petitioner was arrested on 29-4-2007 after about six, months and during this period he was declared proclaimed offender. I do not find that it a fit case for bail. This petition is dismissed.