' The respondent was granted bail by the learned Additional Sessions Judge only on the ground that he had been found innocent during investigation by the local police as well as Range Crimes Faisalabad, so his case was considered as of further inquiry.
2. The factual position has not been correctly appreciated by the learned Additional Sessions Judge.
3. The occurrence took place at 8-00 a.m. And the matter was reported to the police the same day at 12-00 noon. According to the F.I.R. Sami Ullah -Tariq, Zubair Ahmad, Arif and Munir Ahmad alias Maulvi alias Falak Sher (now a proclaimed offender) armed with guns and respondent with a carbine assaulted. Specific shot to the deceased is ascribed to the respondent.
4. The local police found Sami Ullah Tariq, Zubair Ahmad and the present respondent as innocent but the Range Crime Branch have concluded Zubair Ahmad only innocent but with respect to respondent and Sami Ullah they have definite conclusion that they were present in the occurrence armed with fire-arms and participated in they occurrence. The only conclusion different to the F.I.R.
Is that Shakil. Ahmad respondent was armed with a gun and not carbine, as given in the F.I.R.
5. In the circumstances of the Case i,e, broad day occurrence, no difficulty in the identification, there being 4 fire-arm injuries, the investigation now being that the respondent was also concerned in the occurrence, there was no ground to grant bail to him. The petition is accepted and the to C the respondent is hereby cancelled. However, if during further investigation some different conclusion is reached, the bail may be repeated in the Sessions Court.
Bail cancelled.