' ALI BAQAR NAJAFI, J. --- The petitioner seeks post arrest bail in case FIR No,. 57/2013 dated 12.2.2013 registered under Section 302/34, PPC with Police Station, City Samundri, District Faisalabad.
2. The allegation levelled against the petitioner is that he inflicted Chhuri blow on the chest of son of the complainant and due to the said injuries he died at the spot. The motive behind the occurrence is one day earlier dispute between the son of the complainant and the accused. The petitioner was arrested in the said case. He applied for bail after arrest which was dismissed vide order dated 8.7.2013. Hence this petition.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been involved in the said case; that during investigation it has been opined that although the petitioner was armed with Chhuri at the time of occurrence but he did not use the same; that co- accused of the petitioner has been released on bail; that a large number of persons appeared before the Investigating Officer and got their statements recorded with duly sworn affidavits that the petitioner was not armed with Chhuri, but he was armed with pistol 30-bore; that on 6.3.2013 pistol 30-bore was recovered but in FIR he was armed with Chhuri, thus his case falls within the ambit of further inquiry and thus entitles him for the grant of bail. He places reliance upon Muhammad Arif Vs. The State and others (2013 M LD 70).
4. On the other hand, the learned counsel for the complainant assisted by learned APG submits that the petitioner is specifically nominated in the FIR with a specific role of causing Chhuri blow on the chest of the deceased; that the injury caused by the petitioner is on the vital part of the body of the deceased; that ipsi-dixit of the police is not binding upon the Courts. He places reliance upon Abdul Reh-man Vs. Ali Sher and others (2000, P.Cr.L.J 33) and Muhammad Aamir vs. The State (2010 P.Cr.L.J 512). At the end he has prayed that this bail petition may be dismissed.
5. I have heard learned counsel for the parties and perused the available record.
6. The petitioner is nominated with a specific role of causing Chhuri blow on the chest of the deceased. The injury No,. 1 allegedly caused by the petitioner is on the vital part of the body of the deceased resulting into her death. The version embodied in the FIR is corroborative of medical evidence. The fact that instead of Chhuri alleged to have been used in the occurrence, recovery of pistol 30-bore was effected during investigation is a matter for consideration by the Trial Court after recording of evidence during the trial. The offence falls within the prohibitory clause of Section 497, Cr. P.C.
' In view of the above, I am not persuaded to admit the petitioner to bail and dismiss this petition.
Bail after arrest refused.