ORDER MUHAMMAD AQIL MIRZA, J.- Allah Ditta petitioner seeks bail in a case registered against him and other co-accused persons vide FIR No. 83, dated 11.3.1994 at Police Station Satiana District Faisalabad for offences under Sections 302/34/109/324/296/297 PPC. According to the allegations made in the FIR, Tahir Iqbal was murdered in the mosque during the Juma prayer. Allah Noor co-accused killed the deceased and injured Hafiz Gul and Rustam and some other Namazis while Abdul Malik co-accused injured Muhammad Ashfaq P!W. The motive for the Recurrence is that about three months before the present occurrence the accused persons had murdered Raja Riaz Ahmad. Tahir Iqbal, the deceased in the present case had lodged FIR against the accused persons in that case. Allah Ditta petitioner is one of the persons who are accused of hatching the conspiracy to kill the deceased.
Learned counsel submits that no overt act has been attributed against the petitioner and at the time of the occurrence he was in police custody, therefore, it could not be imagined that the petitioner was involved in f he murder of the present case. Learned counsel for the State and the complainant have vehemently opposed the bail application, It is submitted on their behalf that petitioner is a police constable: and he is brother of Allah Noor who killed the deceased in the mosque. It is further submitted that petitioner was not in custody of police at the time of the occurrence. On the contrary, he was already absconder in the earlier FIR No. 267, dated 18.11.1993 which had been lodged by Tahir Iqbal deceased against the petitioner and his co-accused. The petitioner in the instant case is accused of the conspiracy and he has been attributed a vocal role.
He remained absconder in the earlier case and was apprehended nearly five months thereafter, on 11.4.1994. It may be mentioned ,that Allah Noor, the main accused in this case had also absconded but he has been murdered by the rival party.
2. There is evidence on record in the shape of statements of the P.W's recorded under Section 161 Cr.P.C, which involves the petitioner in the conspiracy to kill the deceased. Moreover, he remained absconder in the earlier murder case. The complainant in the earlier case has been murdered in the present case, therefore, it will not be safe to allow the grant of bail to the petitioner lest the complainant or other P.Ws of this case should be murdered. It is stated at the bar that many murders on both sides have taken place.
3. For what has been discussed above, there are no reasons or grounds to believe that the petitioner is not in any way involved in the commission of the crime. Resultantly the bail application is dismissed.