CH. MUHAMMAD TARIQ, J.---The petitioner seeks his bail after arrest in case F.I.R. No.286 dated 23- 11-2010, under sections 302/ 34/337-A(ii)/337-F(i), P.P.C., registered with Police Station Jatli, Tehsil Gujar Khan, District Rawalpindi.
2. The allegation against the petitioner is that on the fateful day, he armed with .30 bore pistol made a fire upon Zulfiqar Hussain, deceased, which hit him on the chest. The petitioner again gave second blow on the head of deceased Zulfiqar Hussain with the butt of his pistol and when he (deceased) fell on the ground, he repeated blows with the butt of his pistol.
3. Learned counsel for the petitioner contends that the petitioner is a juvenile. His age is 17 years.
During police investigation, plea of alibi of the petitioner was fully proved and he was declared innocent by the I.O. Further contends that the petitioner has been involved in the case as a consequence of wider net. The investigation of the case has since been completed. Challan of the case has been sent to the court and the petitioner is no more required for further investigation.
Therefore, petitioner be granted bail after arrest. He is ready to furnish surety bonds to the satisfaction of this court.
4. Conversely learned D.P.-G. Instructed by learned counsel for the complainant has vehemently opposed this bail petition and has contended that it was a broadday occurrence. The petitioner was nominated in the F.I.R. With a specific role that he murdered his real paternal uncle by making a fire on his chest. Thereafter, he gave repeated blows on the head and various parts of the body of the deceased Zulfiqar Hussain. Further contends that all the P.Ws. Present at the place of occurrence have fully implicated the petitioner, who has committed a heinous offence of murder of his real paternal uncle. Therefore, he is not entitled for grant of bail.
5. Arguments heard. Record perused.
6. It is a broad-day occurrence. The F.I.R. Was promptly lodged. The petitioner is nominated in the F.I.R. With specific rdle that he murdered his real paternal uncle by firing a shot which hit him on the chest. Thereafter, the petitioner gave repeated/various blows with the grip/butt of his pistol on various parts of the body of the deceased. The occurrence was fully corroborated by Fouzia Ghaffar, the injured. Azizur-Rehman and Ibrar Hussain, P.Ws. Fully implicated the petitioner while making statements before the I.O. Under section 161, Cr.P.C. So far as plea of alibi of petitioner is concerned, that could not be looked into at this stage. Similarly, unless under section 7 of Juvenile Justice System Ordinance, 2000, an inquiry is conducted and petitioner is declared juvenile, he cannot derive any benefit out of his mere statement that the petitioner is juvenile, while according to the police record, the age of petitioner is about 18/19 years.
7. It is further not fatal to the prosecution that I.O. Had declared the petitioner as innocent and he has been placed in column No..2 of the challan because ipse dixit of the police is not binding on the courts, particularly when the occurrence had taken place at 3-30 p.m. (after noon) and the petitioner is nominated in F.I.R. With specific role which is duly supported by the post mortem report. The case of the petitioner fall within the prohibitory clause of section 497, Cr.P.C. No case for grant of bail is made out. This bail petition is dismissed.