RAUF AHMAD SHEIKH, J, - The petitioner seeks post-arrest bail in case F.I.R. No. 33, dated 1.6.2010 under Sections 302/324/34, P.P.C. Police Station Chakrala, Tehsil & Dirtrict Mianwali. Briefly stated the prosecution version is that the petitioner while armed with pistol alongwith his co-accused, who were also armed with pistols due to dispute regarding share in the hotel and desertion of their father's sister by the deceased made an attack on him. Ahmad Nawaz co-accused of the petitioner made first fire which hit the deceased below left shoulder. The petitioner made two fires which hit on his right thigh. Ahamd Nawaz made fire on Sikandar Hayat on his left upper arm.
Liaqat made a fire which also hit Sikandar Hayat on left upper arm.
2. Learned counsel for the petitioner has contended that the petitioner was present in village Chitral at the time of occurrence and large number of people have supported his contention before the investigating officer and his contention has been accepted by the I.O. Who had submitted the discharge report but was not accepted by the Court, so the case against him clearly needs further probe and inquiry. It is further urged that the petitioner had not' repeated the fire and no recovery was made from him, that there is delay of about nine hours in lodging the F.I.R. Which is not explained. In support of contentions raised reliance is placed on PLD 1998 SC 97, 1996 SCM R 931, 1975 SCM R 219, PLD 1978 SC 256 and PLD 1974 SC 83.
3. Learned D.P.G. And learned counsel for the complainant have vehemently opposed the bail petition. It is contended that the petitioner is specifically nominated in the F.I.R. And all the PWs including Sikandar Hayat injured have fully supported the prosecution version. It is urged that the petitioner remained fugitive from law for a period of more than five months and proceedings under Sections 87/88, Cr.P.C. Were taken against him. It is also urged that distance between village Chikrala and Chitral is only 45 kilometers and both these places are connected with metalled road so the statement of some persons that he was in village Chitral without mentioning the time does not prove his contention of alibi.
4. The petitioner is specifically nominated in the F.I.R. Allegedly he made a fire, which hit on the thigh of the deceased and this injury also contributed towards demise of the deceased. Admittedly the village Chitral and Chikrala are linked with metalled road and there is distance of 45 kilometers between two villages which can be easily covered after occurrence so the plea in the regard cannot be accepted unless the evidence is produced and appreciated by the Court. The petitioner had been fugitive from law. The injured PW Sikandar Hayat alongwith PWs Mian Aziz and Rafiullah had fully supported the prosecution version. In these circumstances the petitioner, prima facie, appears to be connected with the commission of offence falling under prohibitory clause of Section 497, Cr.P.C. No ground for grant of bail is available. The case-law cited at the bar is not applicable on peculiar facts of present petition. The bail petition is without merits and same is hereby dismissed.