' Seeks post-arrest bail in case FIR No. 633 of 2013 dated, 26.08.2013, registered under Sections 302, 34, 324, 109 of The Pakistan Penal Code, 1860 at Police Station Gagoo District Vehari.
2. The precise allegation against the petitioner and co-accused namely Qurban A.I as narrated by the complainant of this case namely Fazal Ahmad is to the effect that they both while being armed with Kalashnikovs fired on the person of the deceased namely. Mukhtar Ahmed. The fire/burst of the petitioner hit the chest of the deceased, whereas the fire of the co-accused hit on the right side of the head of the deceased. The petitioner also made straight fire on Muhammad Akram injured, which hit him on his left eye.
3. Heard. Record perused.
4. Considering the arguments advanced by the learned counsel for the parties, it has been noticed that the petitioner is nominated in the FIR with specific role of causing injuries on the person of deceased and injured Muhammad Akram, who lost one of his eye. Recovery has been effected from the possession of the petitioner. In addition to this, all the witnesses of the prosecution are intact and after thorough investigation by the police, the petitioner has been declared guilty. The application seeking declaration to the effect that the petitioner is a Juvenile has been dismissed by the learned trial Court vide order dated 13.05.2015, whereby the age of the petitioner is 19 year 06 months and 24-days. Furthermore, the petitioner also committed murder of co-accused namely Qurban A.I in connection with which FIR No. 504/2013 dated 28.04.2013, offences under Section 302/34 of The Pakistan Penal Code, 1860 has been registered at P. S. Saddar Checchawatni. The offence with which the petitioner is charged curtails maximum punishment. At bail stage only tentative assessm ent of record is required to be made and deeper appreciation is not warranted under the law; sufficient incriminating material is available on record to connect the petitioner with the commission of heinous crime. Therefore, while relying on the dictum laid down by the Honorable Supreme Court of Pakistan in the case of "Muhammad Faiz alias Bhoora vs. The State and another" reported as 2015 SCM R 655, the petitioner has failed to make out a case for the grant of bail on Statutory ground.
5. Pursuant to above discussion, this petition for post-arrest bail is dismissed.
6. Before parting with this order, it is, however clarified that the findings recorded supra are tentative in nature and will have no effect whatsoever upon the merit of the case in any manner.