KHIZAR HAYAT, J.-- Faiz Ahmad petitioner along with ten others J has been reported against by Muhammad Nawaz for having made murderous 1 assauIt on Muhammad Ansar, Zafar Iqbal, Ata Muhammad, Mst. Khurshid 1 Bibi, Mst. Rashida Bibi, Mst.Ghulam Fatima, Samaiva and Mst. Mumtaz 1 Bibi, thereby causing them as many as 40 gun shot wounds, on 27.9.1988, in the vicinity of Chak No. 151/EB, in the territorial jurisdiction of Police Station Arifwala, district Sahiwal. The role attributed to the petitioner is that he first at Muhammad Ansar and Mst. Mumtaz Bibi hitting the former in the chest and on the leg and shoulder of the latter. The injuries are still under observation. However, they have been discharged from the hospital. The motive for the occurrence is stated to be that the accused party wanted to j dismantle the wall of the house of Ata Muhammad and when he and his j family members put up resistance, when upon they were fired at.
2. All the accused persons excepting the petitioner have since been arrested. The petitioner has sought pre-arrest bail on the ground that he was complainant in a murder case wherein Muhammad Nawaz, the complainant in this case, vide FIR 388/87 dated 13.9.1987 was named as accused with others. It is also stated that the police had got Muhammad Nawaz aforesaid discharged, and the petitioner had filed a complaint which is still pending and that on account of this the petitioner has been falsely implicated by him. Replying learned AA.G. Assisted by learned counsel for the complainant submits that a specific rule is attributed to the petitioner and all the eyewitnesses including the injured witnesses have implicated him. As for the enmity, it is stated that, it is double edged weapon and formed motive for the petitioner in this case to attack the complainant party. Muhammad Nawaz complainant, it is submitted, was in fact falsely implicated in the said case and that is why he was found innocent during the investigation.
3. I have considered the arguments of the learned counsel for the parties in the light of the facts and circumstances of the case and also perused the record.
4. The petitioner fired shots at Ansar and Mst. Mumtaz Bibi PWs injuring vital parts of their body. No malafide on the part of the police or the complainant has been established either. He is not, therefore, entitled to the extraordinary concession of pre-arrest bail. This petition therefore merits dismissal. Dismissed.