' Waryam son of Shahab Din and Muhammad Qasim son of Niamat through Criminal Miscellaneous No,3559 of 1994 and Criminal Miscellaneous No,4024/B of 1994 seek bail after arrest in case F.I.R. No,155/93, dated 15-3-1993 under section 302/109/149/201, P.P.C. Police Station Saddar Sheikhupura.
2. The learned counsel for the petitioners mainly contended on the plea that co-accused of the petitioners, namely, Muhammad Hussain was allowed bail vide Criminal Miscellaneous No,548/B of 1994 by his Lordship (as he then was) Mr. Justice Abdul Majeed Tiwana on 22-3-1994 and the case of the petitioners are identical.
3. The learned counsel for the State opposed the applications and vehemently contended that the case of petitioners is not at par with Muhammad Hussain but is at par with co-accused Nazir alias Jeera; who was refused bail after arrest by his Lordship Mr. Justice Abdul Majeed Tiwana vide Criminal Miscellaneous No,2341/B of 1994.
4. I have heard the arguments of learned counsel at length and have perused the record and orders of my learned brother Mr. Justice Abdul Majeed Tiwana.
5. It was a daylight occurrence. There was previous enmity between the parties; there could not be any doubt about the identification of the assailants. The report of the occurrence was made immediately which would also exclude the possibility of any fabrication of a false story though the dead body was recovered after 7 days of the occurrence. The petitioners have been attributed specific roles. The petitioner Qasim remained absconded after the occurrence and was arrested after a period of 6 months and 14 days; while the main accused Hakim is still at large and has been declared proclaimed offender. The challan has been submitted.
6. It was held in case Muhammad Aslam v. The State 1989 PCr.LJ 2026 the accused who had not surrendered to police after occurrence would be deemed to have remained in abscondance and would not be entitled to bail and the same view was held by their Lordships of Supreme Court in case Muhammad Hussain alias Muhammada v. The State and another 1994 SCM R 999.
7. Further, the deceased was murdered in brutal manner. The plea that Investigating Officer recorded in daily diary that the petitioner Waryam was innocent carries no weight as the Investigating Officer's finding is not binding upon the Courts; other the Investigating Officer has not declared him innocent and stands challaned as an accused. The contention that the petitioner Waryam was involved due to enmity at the instance of A.S.P., Gujranwala against home the petitioner's mother had filed writ petition is without force as the petitioner was named in the F.I.R.
Immediately after the occurrence.
8. The offence in question falls within the prohibitory clause as observed by the learned Additional Sessions Judge, Sheikhupura the bail petitions are without merits and do not call for any interference; hence are dismissed.