By filing instant criminal miscellaneous petition Sadam petitioner seeks his release on bail in case FIR No, 03, dated 01.01.2012, registered under Sections 302 & 34, PPC with Police Station Satiana, Tehsil JaranwaIa, District Faisalabad.
2. On 01.01.2012 Nazar Muhammad reported that Sadam while arm with Repeater .12 bore fired at his son Javed from the roof of his house which hit at the neck of Javed. Co-accused Waryam also fired at Javed which hit on his left lumber-region and third fire of Suba landed at the abdomen of Javed, who succumbed to the injuries at the spot.
3. Learned counsel for the petitioner contended that regarding the same occurrence a cross- version has been lodged against the complainant party for launching criminal assault on Suba etc. in which he received injuries at his arm and the Police has challaned three persons from the complainant side, therefore, the case in hand is of two versions, the benefit of which is to be given to the petitioner. He further submitted that the motive narrated in the FIR is not supported from the document as the sister of Suba was abducted 4/5 years prior to the occurrence during which time no action was taken against the delinquents, therefore, this allegation of abduction has no substance.
4. The petition has been opposed by the learned Deputy Prosecutor General, assisted by learned counsel for the complainant, submitting that the petitioner is specifically nominated in the FIR with specific role of murdering son of the complainant. Added further that the crime weapon was also recovered at the instance of the petitioner and crime empties were collected from the spot, thus there is sufficient incriminating material on record, therefore, petitioner is not entitled for bail.
5. Parties heard and record perused.
6. As per allegation contained in the FIR Sadam petitioner while armed with Repeater .12 bore fired at Javed hitting at his neck, which fire proved fatal as per post-mortem report available on the record. The petitioner remained unable to establish on the record his substitution or false implication in the case rather the allegation levelled against him are duly supported by the statements of the PWs recorded under Section 161, Cr.P.C. Those witnesses appeared before the Investigating Agency and fully corroborated the fact that Javed lost his life with the fire of the petitioner. Medical evidence on file also supports the version of prosecution. Since the specific role of murdering Javed has been levelled against the petitioner with sufficient incriminating evidence available on the record, therefore, the petition& is not entitled for the concession of bail.
7. For the foregoing reasons, the petition having no merits is dismissed.