ORDER FALAK SHER, J.- Bail is being sought in the case registered vide FIR No.348 of 23.10.1992 under section 302/324/148/149 PPC at police station Gurjakh District Gujranwala alleging waylaying the complainant's brother and maternal nephew Abdur Rashid and Muhammad Yasin respectively around 5 p.m. En-route to milching cattle-heads by an armed unlawful assembly comprising the petitioner, Jafar Ali, Muhammad Ashraf, Ashiq (guns), Sabir Ali (pistol), Shabhir Hussain (carbine), Shaukat Ali empty handed pursuant to murderous animosity. On the latter's exhortation Jafar Ali pioneering the assault fired gun shot landing on Muhammad Yasin deceased's as a consequence whereof be collapsed on the ground, subsequent whereto petitioner and Sabir Ali fired at Abdul Rashid deceased one shot each landing on the right and left side of head just above ears respectively whereafter the assailants resorting to indiscriminate firing vanished away.
2. Contending contradictory findings recorded by different investigating officers viz., D.S.P. City and Crimes Branch opining the petitioner to be innocent being not present at the spot while D.S.P. Civil Lines and local police opining otherwise, absence of any incriminating article and sufferance of incarceration for nearly two years.
3. Which has been opposed by the learned counsel appearing on behalf of the complainant reiterating the prosecution story and submitting that progress of the trial is being hindered by the delaying tactics adopted by the petitioner and co- accused, seeking adjournment on various pretexts despite availability of the prosecution witnesses 6 of whom already been examined.
4. I am afraid prima facie specific attribution of the fire arm injury on vital part of Abdul Rashid deceased constitutes sufficient ground for believing petitioner's involvement in the offence charged qua which ipse dixit of the police is not binding; while the latter plea stands diffused by the uncontroverted submission of the complainant's counsel rendering the petitioner disentitled to the sought for concession. Consequently the petition fails and is hereby dismissed.