ORDER CH. MUHAMMAD TARIQ, J. The petitioner seeks his bail after arrest in case F.I.R. No. 28 dated 20-1-2010 under sections 302, 324, 34, 148, 149, P.P.C., registered with Police Station, Fateh Jang District Attock.
2. Precise, allegation against the petitioner is that the petitioner armed with pistol fired at the left thigh of Arshad Mehmood deceased.
3. Learned counsel for the petitioner contends that allegations levelled against the petitioner are totally false. The petitioner has been involved in this case with ulterior motive of complainant's side.
The injured Arshad Mehmood was admitted in Holly Family Hospital, Rawalpindi on 20-1-2010. He was discharged on 8-2-2010 being stable, thereafter the deceased was again admitted in the hospital on 23-2-2011, when he died on the same day. According to the postmortem report and the report of Chemical Examiner, the injured was died due to poison. The deceased was in the custody of complainant and it is the only complainant side who can bring in the notice of this court that who administered poison. Further contends that there is cross-version against the complainant side. Investigation of the case has since been completed. The petitioner is no more required for, further investigation and further incarceration of the petitioner will be of no useful purpose, therefore, the petitioner be granted bail after arrest.
4. Conversely, learned D.P.-G., assisted by learned counsel for the complainant has vehemently opposed this bail petition and contends that cross-version of the petitioner side was found false by the Investigating Officer. Further contends that Arshad Mehmood deceased died due to spinal cord injury. The F.I.R. Was promptly lodged, the petitioner is nominated in the F.I.R. With specific role.
Before arrest, the petitioner remained absconder for a considerable time, therefore, he is not entitled for any relief, bail petition be dismissed.
5. Arguments heard. Record perused.
6. Perusal of record reveals that occurrence had taken place on 20-1-2010 at 9-00 p.m. The F.I.R.
Was lodged on the same date at 10-50 p.m-. The petitioner is nominated in the F.I.R. With specific role. The contents of F.I.R. Are in line with the medical report. During investigation, the deceased Arshad Mehmood recorded his statement and fully implicated the petitioner. However, on 23-2-2011 Arshad Mehmood had died. Cross-version lodged by the accused side was found false after investigation. The case falls within the prohibitory clause of section 497, Cr.P.C. According to the Medico-Legal report, the death of Arshad Mehmood was caused due to firearm injury.. Further discrepancies in the medical or report of Chemical Examiner could not be looked into at this stage as the matter will be decided on the basis of tentative assessment. However important factor was that the petitioner moved as much as 11 petitions for bail before arrest or on the ground of protective bail; before various courts including the courts of Province of Khyber Pakhtunkhwa and others. The attitude of petitioner does not entitle him for any discretionary relief. The challan of the case has already been submitted, the charge has been framed. In the circumstances, no ground for grant of bail after arrest is made out, bail petition is dismissed.