ORDER FALAK SHER, J.- Petitioner having been arrested in the case registered vide FIR No. 205 of 5.4.1999 under Sections 302, 148, 149, 109, PPC Police Station, Noshehra Virkan, District Gujranwala alleging that the complainant accompanied by his son Nasarullah amongst others enroute to his place of abode after being through with the Asar Prayers in the local mosque were ambushed by the petitioner conjunctively with Falak Sher, Muhammad Arshad (guns) and Zahid alias Babu (rifle); responding to Arshad's exhortation to exterminate the complainant's son Nasarullah deceased, the petitioner playing the pioneering role alongwith Falak Sher fired gun shots landing at the deceased's right flank below the armpit to whom their accomplices also subjected to fires to which he succumbed on the spot, having conspired .With Liaqal Ali and Muhammad Yousaf with a view to avenging the quarrel ensued between the deceased and the petitioner, etc. Has sought bail.
2. Contending that no independent witness from the locality has been cited and minority.
3. To which I am not favourably disposed because the former plea warrants deeper appraisement of evidence to be adduced at the trial with a right to the petitioner to expose their veracity through cross-examination while no premium could be reaped on the latter count at this juncture for keeping in view the pointing role with the specific attribution of fatal fire-arm injury duly borne out by the medical evidence revealing 16 fire arm wounds including 14 inlets of different apparatus; against who a motive has also been spelt out promptly reported at the Police Station ex facie constitutes sufficient grounds for believing his involvement v the offence charged falling within the prohibition contemplated by Section 497(1), Cr.P.C. Renders him disentitled to be sought for concession; resultantly the same fails and is hereby dismissed.