Petitioner Peeks post-arrest bail in case F.I.R. No.521 of 1999 dated 27-8-1999 registered under section 302, P.P.C. At Police Station Saddar Arifwala District Pakpattan Sharif.
2. Brief facts of the case are that on 27-8-1999 Muhammad Rafique deceased had a round of land to see his crops. He did not return and his dead body was found on the road near tubewell of Fakhar-ud-Din. Deceased received fire-arm injuries Muhammad Afzal informed to the complainant son of the deceased who reported the matter. The case was registered against unknown person on the statement of Ghulam Mustafa. During the investigation Ghulam Abbas and Muhammad Bashir P.Ws. Disclosed to the investigating Officer that they had seen the accused going on cycle of the deceased immediately after the occurrence. The accused was arrested and on his pointation .12 bore gun was recovered from his house as well as cycle. Petitioner is also involved in another case F.I.R. No.140 of 1996, dated 8-5-1996 under section 394, P.P.C. Police Station Khudian. The accused was arrested on 31-12-1999. Challan was submitted and case is fixed for prosecution evidence for 25-8-2000.
3. Learned counsel for the petitioner contends that there is no direct 'evidence against the petitioner. Evidence of Ghulam Abbas and Muhammad Bashir was recorded on 22-9-1999. The recovery of cycle and gun themselves are not sufficient to connect him with the crime.
4. Learned counsel for the complainant as well as the State have opposed the grant of bail.
5. Heard. Record perused. Although the petitioner is not named in the F.I.R. Arid there is no direct evidence yet complainant or P.Ws. Are not inimical against the accused. Worth of evidence of Ghulam Abbas and Muhammad Bashir who saw the accused riding on the cycle of the deceased immediately after the occurrence will be examined by the trial Court. Cycle of the deceased was recovered from the petitioner. Similarly on his pointation the gun was recovered from his house. He stands implicated in another case F.I.R. No.140 of 1996 dated 8-5-1996. The trial has already commenced and the case is fixed for prosecution evidence for 25-8-2000. Deep appreciation of circumstantial evidence is.Not possible at this stage. Since the trial has commenced I see no ground to admit the petitioner to bail at this stage. The petition has no merit and is dismissed.