Q.S.IKRAMJ-On 28-4-1988 at 8.30 p.m. Falik Sher complainant and Khalid Latif and Muhammad Asif were proceeding towards the house of Muhammad Asif. When they reached Abdullah Chowk, all of a sudden. Iftikhar armed with rifle, Mahmood Ahmad armed with gun and Arif armed with revolver, Shaukat Ali (petitioner) armed with gun came there. They shouted Lalkara. Iftikhar tried to fire at Muhammad Asif who caught the barrel of his rifle. In the meanwhile Iftikhar fired hitting the chest of Muhammad Asif PW. Falik Sher complainant and Khalid Latif deceased tried to help Muhammad Asif, In the meanwhile Shaukat petitioner fired hitting the spinal cord of Khalid Latif who fell down.
Thereafter Iftikhar and Mahmood Ahmad fired at Khalid Latif hitting various parts of his body. Arif accused fired three shots at Falik Sher complainant who was not hit. The occurrence was witnessed by Muhammad Munir and Muhammad Rafiq as well. The motive was stated to be previous enmity between the parties.
This is a petition for bail on behalf of Shaukat Ali only. It is contended that Yaqub, Ghulam Rasool and Shaukat Ali accused were found innocent by the police. Yaqub was admitted to bail. Secondly that no incriminating recovery was effected from the petitioner who has no motive to join his co- accused in the present crime. This petition has been opposed on behalf of the State.
3. Yaqub accused who was admitted to bail was not ascribed any injury to the deceased or Muhammad Asif PW. The fact that Shaukat Ali had no motive of his own or that no incriminating recovery was effected him during the investigation cannot be made basis of b til to him because admittedly he is related to his co-accused. Recovery of ci inu weapon is only a confirmatory evidence. The case against him is supported by the eye witnesses including Muhammad Asif an injured eye witness I have examinedthe record. In my view the opinion of police that Shauka! Ali was innocent is not based on sound material and as such the said opinion as held in Muhammad Afzal Vs Nazir Ahmad 1984 SCM R 429, cannot be accepted. This petition accordingly dismissed.