This is a petition under section 497, Cr.P.C. By Sikandar Hayat, petitioner, for bail in respect of a case registered on 13-8-1985--lacing to the death of one Jafar Mahmood, deceased, in the early hours of the morning at about 2-00 a.m.
2. The prosecution case in brief is that Jafar Mahmood, deceased, was shot at in the early ours of the morning at 2.00 a.m. On 13-8-1985, while he was asleep on a Charpai in the street. Waris Mahmood complainant, Ghulam Sarwar and Haq Nawaz (later found by the police to be a co- accused in the crime) who were sleeping nearby and were awakened by a shot, reported having seen one unidentifiable person decamping from the scene with a gun in his hand.
3. After investigation, Sikandar Hayat, petitioner and Haq Nawaz, who was also named as a P.W. In the F.I.R. And was sleeping on a Charpai next to the deceased in the same Gali, were reported to be the actual assailants of the crime.
4. I have heard the arguments of the learned counsel for the petitioner, the complainant and the State and have perused the police file. The Police have the following items of evidence against Sikandar Hayat, petitioner:- (i)The statement of Zulfiqar P.W. Recorded on 13-8-1985 which shows that Sikandar Hayat, petitioner and Haq Nawaz, co--accused, I, planned, the murder of Jafar Mahmood, deceased, about three four days before the occurrence as they suspected the deceased of having illicit relations with Mst. Amir Khatoon, a sister of` Haq Nawaz, co-accused.
(ii)The statement of Iftikhar Ahmad and Mukhtar Ahmad P. Ws recorded on 13-8-1985 which show that they saw Sikandar Hayat, petitioner, with a gun in his hand, a few minutes after the murder on a pacca road, where the said petitioner on :heir inquiry, told them that he was coming back after seeing Jafar Mahmood, deceased.
(i.e)The statements of Muhammad Tufail, Maqbool Ahmad and Sardar Ahmad P.Ws. Recorded on 23-8-1985 which show that Sikandar Hayat, petitioner, confessed his crime to them on 2 3-8-1985.
(iv)The statements of Zia-ul-Haq and Muhammad Rafiq P.Ws. Recorded on 23-8-1985 which show that Sikandar Hayat petitioner led to the recovery of the crime empty, which was lying in a Mottle and the licensed gun of his uncle, which was lying in his house. on 23-8-1985 (both of which were found to match vide report of the Forensic Science Expert).
5. Without giving any finding in the matter, I would only say, for the limited purpose of this petition, that the evidence with the prosecution prima facie shows that the, petitioner is reasonably guilty Of the crime imputed to him.
6. For the foregoing reasons, there being no merit in this petition, the same is dismissed.