Mst. Shamshad Mai is said to have been abducted by co-accused Riaz who was got recovered by her relatives with the help of Haq Nawaz deceased of this case. The parleys about her marriage were being conducted at 6-00 p.m. On 28-4-1995: However, Muhammad Akram son of Khuda Bakhsh armed with rifle, Muhammad Akram son of Ghulam Muhammad armed with revoiver, Ghulam Hussain armed with rifle, Muhammad Arif armed with gun, Riaz armed with pistol and Murid Abbas petitioner-accused armed with rifle arrived in the house of Muhammad Amir father of Mst. Shamshad Mai after forming an unlawful assembly when Muhammad Shafi complainant, Haq Nawaz (deceased). Mumtaz Hussain, mother of Muhammad Shafi complainant and Taj Muhammad were present. The accused persons effected the firing. Haq Nawaz expired. Ijaz Hussain, Nusrat and Abdul Shakoor P.Ws. Were injured. About the occurrence F.I.R. No.129 dated 28- 4-1995 was registered at Police Station Sadar Kabirwala under sections 302/324, 148/149, P.P.C.
Murid Abbas has been, arrested whose bail plea has been rejected by the lower Court and he has filed this petition to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as teamed State Counsel and gone through the record before me. The main contention of the learned counsel for the petitioner is that Murid Abbas petitioner-accused did not injure the deceased and the firing attributed to him hit the right ankle of Nusrat P.W. He added that in this view of the matter the involvement of Murid Abbas petitioner-accused is a question of further inquiry. I do not agree with him. As rightly pointed out by the learned State Counsel the motive for the occurrence is the abduction of Mst. Shamshad Mai by Riaz co-accused and real brother of Murid Abbas petitioner-accused who was got recovered by Haq Nawaz deceased of this case and was returned to her parents. She was to be married. The accused persons desired to put the hurdle in that respect. Murid Abbas and his brother Riaz are the residents of Mauza Laar while the occurrence took place in Kabirwala and in-between there is a considerable distance of more than 50 kilometres. Murid Abbas petitioner-accused was armed with a rifle. He alongwith his co-accused went to the place of occurrence in the prosecution of common object. With the allegation against Murid Abbas petitioner-accused it cannot be held by the stretch of any imagination that his involvement is a question of further inquiry. All the accused persons went to the place of occurrence which is at a considerable distance. The P.Ws. Have supported the facts of the occurrence narrated by the complainant. The only fact that Muria Abbas petitioner-accused did not fire at the deceased has no legal weight for the purpose of his admission to bail on the ground that the aforesaid circumstances are of such type that his involvement in the matter in the prosecution of common object is prima facie made out.
Consequently I hold that it is not a case for the admission of Murid Abbas petitioner-accused to bailed:
3. I, therefore, dismiss this petition.