C.M. No, 1342/M of 2001 ' Allowed. Main Case Petitioner Shahid Nawaz seeks bail on two-fold grounds, one on merit and second on statutory ground.
2. Brief 'facts of the case are that the petitioner fired a shot with his rifle which hit the right ear of Ghulam Abbas and went through and through the left eye. The second fire was made by Khalid Hussain with gun on the son of the complainant which also hit near the right ear. The third fire made by Bashir Ahmad too hit the right ear of Ghulam Abbass. Kifayat Ullah also resorted to firing.
Ghulam Abbass succumbed to the injuries at the spot. The motive was that of old murders. Some accused were also nominated for conspiracy.
2. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case, petitioner is behind the bars for last 2 years and 8 months, most of the adjournments were sought by learned counsel for the complainant on one pretext or the other, co-accused of the petitioner have been allowed bail and that apart from subsection (2) to section 497, Cr.P.C. Case of the petitioner is also covered by the third proviso to section 497(1), Cr.P.C.
4. On the other hand, learned counsel for the State assisted by learned counsel for the complainant submit that five accused were not challaned by the Police and now after the statement of the complainant they have been summoned. Further submits that the case is fixed for evidence, five witnesses have been examined and most of the adjournments have taken place on the request of learned counsel for the defence.
5. We have heard learned counsel for the parties. The co-accused who were granted bail have not been challaned by the Police. Petitioner is the main accused He. Caused accused the fatal blow.
Trial is in progress rather five witnesses have been examined. Even the trial is fixed for today and the witnesses are present. In these circumstances, we are not inclined to allow bail either on merits or statutory ground.
Dismissed Bail declined.