SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Criminal petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been sought against the impugned order dated 10.12.2019 passed by learned Single Bench of Lahore High Court, Lahore in Criminal Misc. No.69071-B/2019 with a prayer to grant pre-arrest bail to the petitioner in the interest of safe administration of criminal justice.
2. The facts leading to file the instant petition are that the petitioner was booked in case bearing FIR No.116/2019 dated 04.07.2019 under sections 302/324/109/148/149, P.P.C. registered with Police Station Mandi Usman Wala District Kasur .
As per accusation levelled against the petitioner , it is alleged that the petitioner along with their co-accused while armed with deadly weapons in furtherance of common intention caused injury to Abid Ali (PW). The petitioner sought anticipatory bail from both the courts below which was ultimately declined.
3. The crux of the arguments advanced by the learned counsel for the petitioner is that the petitioner has been falsely roped in the case against the actual facts and circumstances. During the course of investigation, the Investigating Officer concluded that though the petitioner was present at the spot but he has not made any fire shot which had hit to injured PW rather he made only aerial firing. Further contends that the case of the petitioner is fully covered under section 497(2), Cr .P.C. entitling him for the concession of pre-arrest bail.
4. On the other hand, learned Addl: Prosecutor General, Punjab while arguing the case states that the petitioner was armed with pump action. The injury ascribed to the petitioner had landed on the left thigh of Abid Ali (PW).
Further contends that there are three injured PWs. During the course of investigation, the injured PW has fully involved the petitioner in his statement under section 161, Cr.P.C. with an overt act of causing firearm injury . The petitioner has not surrendered before the police since 16.03.2018. Investigation is complete, the name of the petitioner is placed in column No.03 of report under section 173, Cr.P.C., therefore, the petitioner do not deserve concession of bail.
5. We have heard the learned counsel for the parties and gone through the record.
There is no denial to this fact that the occurrence has taken place in the broad day light. The parties are unknown to each other . There is specific allegation against the petitioner of causing firearm injury to Abid Ali one of the injured PWs. Three persons sustained firearm injuries besides the deceased Muhammad Ashraf alias Kali. The finding of Investigating Officer, that petitioner is only involved to extent of only aerial firing would be resolved by the learned trial court after recording of evide nce. Although the injured PW has specifically ascribed the role of causing firearm injury of the petitioner . Prima facie there is sufficient material available on the record to connect the petitioner to guilt as alleged which entails capital punishment.
6. In view of the facts and circumstances, we are persuaded that the petitioner is not entitled for an extraordinary relief, therefore this petition is devoid of any legal force, hence, the same is dismissed .
7. Leave to appeal is refused.