ORDER ARIF IQBAL HUSSAIN BHATTI, J.- Rizwan Ahmad, petitioner, has applied for bail in case F.I.R. No. 78/94, dated 4-5-1994, under section 302/34 P.P.C., Police Station Samanabad, Lahore. The case was registered on the statement of Muhammad Siddique, father of the deceased. The complainant alleged in the F.I.R, that on 4-5- 1994 when he was in his house Waqar, Arshad Khan and Rizwan, friends of Irfan Ali (his son) took him away from the house at about noon time. Waqar and Rizwan Ahmad came back at 7.00 p.m.
To the house and disclosed that a bullet had hit the back of Irfan by mistake and that Irfan was taken to the Services Hospital where he succumbed to the injuries. The complainant suspected that the three accused had intentionally murdered his son. According to the supplementary statement of the complainant, when the aforesaid two accused disclosed the incident his son Capt. Amjad was also present.
2. The accused were not traceable till 16-5-1994: They were arrested on 16- 5-1994. A pistol 30 bore loaded with for bullets was recovered from Azhar Hussan alius Waqar. A revolver 32 bore loaded with five bullets was recovered from Arshad Khan at the time of his arrest. The post-mortem report disclosed two injuries on the person of deceased i.e. "(1) lacerated and inverted wound measuring 0.8 x 0.7 c.m., collar of abrasion all around the wound is present on the back of abdomen (upper part) (2) contused swelling 10 x 8 c.m., in front of abdomen above amblicus." Injury No. I had punctured the abdominal wall, entered peritoneum chvity, damaging spinal cord and ruptured abdominal aorta. Injury No. 1 was with a fire arm and was the cause of death.
3. Learned counsel for the petitioner submitted that there was no direct evidence in the case and there was a joint extrajudicial confession of the two accused. Learned counsels for the State and the complainant have vehemently opposed the grant of bail stating that the accused were named in the F.I.R. And there was strong evidence of the P.Ws, regarding the deceased being last seen with the accused. There was extra-judicial confession by Waqar and Rizwan before the father and the brother of the deceased. The complainant and his son had no motive to falsely implicate the accused in the case. Numerous authorities were cited on both sides. I have perused the record with great care. I am of the view that there is sufficient evidence on record to connect the accused with the commission of offence and there are no grounds at this stage to grant bail to the petitioner.
This petition is, therefore, dismissed.