MUNIR A SHEIKH, J.- The petitioner seeks bail in a case registered under Sections 302/324/148/149 PPC through FIR No.227/92 dated 23.7.1992 with Police Station Saddar Kehror Pacce District Lodhran for murdering Ghulam Hassan. Later on another injured namely Sadiq Muhammad also died.
According to the allegations in the FIR the petitioner was very much present at the spot with his 7 MM rifle which according to Ali Ahmad AS1 was also recovered from him.
2. Record has been brought by Ali Ahmad AS1 P.S. Saddar Kehror Pacce District Lodhran from the trial Court from which it appears that three empties of 7 MM were also recovered from the spot.
According to the statements of the witnesses under Section 161 Cr.P.C, the petitioner was accompanied with other accused persons and opened i.e which hit Muhammad Amal's right had.
According to the medico legal report also Muhammad Amal sustained injury with a i.e arm at his right had. In view of Sections 148 and 149 P.P.C, and the fact that specific role has been attributed to the petitioner and his firing allegedly hit Muhammad Amal no case has been made out for grant of bail to him at this stage.
3. Learned counsel for the petitioner argued that Ashiq Muhammad alias Titi in the similar circumstances has already been granted bail by this Court. The case of Ashiq Muhammad alias Titi co-accused is clearly distinguishable inasmuch as it was alleged that a rifle was recovered from him but only two pellets were recovered from the body of the deceased. He was not attributed any injury to other person, therefore, in those circumstances his case was found to be a case of further inquiry.
4. In this case as pointed out a specific role of causing injury to Muhammad Amal with i.e-arm has been attributed to the petitioner, therefore, his case is not at par with Ashiq Muhammad. This bail application is dismissed.