Through this petition under section 497, Cr.P.C, Riaz Hussain, the petitioner has sought bail after arrest in case FIR No. 302/2009, dated 25.04.2009 registered at Police Station Saddar Jaranwala District Faisalabad in respect of offences under sections 302, 109, 148, 149 PPC.
2. I have heard the learned counsel for the parties and have also gone through the record of this case with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. As per FIR the allegation against the present petitioner is that he alongwith his co-accused while armed firearms committed murder of Nadeem Akbar deceased and Waqas Aamar deceased and the role attributed to the present petitioner is that he while armed with pistol 30 bore made two successive fires at Nadeem Akbar which hit him on his left armpit and left hand. The role attributed to the petitioner is borne out from the post mortem of Nadeem Akbar deceased. According to the record, the petitioner remained fugitive from law for a period of six years. During the investigation of this case the petitioner has been found guilty by the Investigation Officer. Recovery of pistol 30 bore has been effected from the petitioner during investigation. So far no ill-will or animosity of the complainant with the petitioner has been brought on record so that the former could falsely involve the latter in a case of this nature. The offence with which the petitio ner is charged falls under the prohibitory clause of section 497 Cr.P.C. Challan has been submitted in the learned trial court. There is ample evidence in the shape of statements of PWs recorded under section 161 Cr.P.C involving the present petitioner in this case. Rest of the arguments advanced by learned counsel for the petitioner amounts to deeper appreciation of evidence which cannot be appreciated at this stage. The case laws referred by learned counsel for the petitioner do not attract to the facts and circumstances of this case.
3. For what has been discussed above, this petition has got no force and the same is hereby dismissed.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.