' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against order dated 9-4-2001 passed by Lahore High Court, Lahore whereby respondent-Shehzad alias Shujjat Ali son of Muhammad Raman has been released on bail in the case registered under 'sections 302/34/354/224/225, P.P.C. With Police Station Urban Area, Sargodha, vide F.I.R. No,169, dated 14th June, 2000.
2. Precisely stating facts of the case are that on the day of incident i.e, 14th June, 2000, police party apprehended and accused namely Amir alias Amri and when he was being taken to Police Station, Shehzad respondent No,2 brother of the arrested accused Amir alias Amri and the sister of Shehzad Mst. Naureen attacked upon police party in order to rescue their brother. Statedly, Shehzad fired with .30 bore pistol at Asghar Hayat Constable, one of the member of the police party. In the meanwhile another person namely Amir a boy who was also present in the street sustained injuries on account of bullet-fire. As such case was registered and respondent-Shehzad was arrested.
3. An application ws submitted by respondent- Shehzad for his release on bail, which came up for hearing before Additional Sessions Judge, Sargodha, who declined to grant him bail as such he approached Lahore High court, Lahore for his release on bail by filing Cr. M. No, 1140-B of 2001.
Respondent-Shehzad was admitted to bail by learned High Court vide impugned order dated 9-4- 2001. As such instant petition has been filed by Mst. Perveen Akhtar widow of Asghar Hayat, Constable seeking cancellation of bail of respondent-Shehzad.
4. Notice was issued to State as well as respondent-Shehzad alias Shujjat Ali son of Muhammad Ramzan.
5. Learned counsel for the petitioner contended that there is overwhelming evidence available on record to connect respondent No,2 for commission of the offence. He further stated that the evidence of the injured Amir has not been taken into consideration by learned High Court while releasing him on bail merely on the ground that according to police investigation he is not involved and he has made a case of further inquiry. Learned counsel stated that under these circumstances, bail granted by the High Court is liable to be cancelled.
6. Ms. Roshan Ara, learned Assistant Advocate-General opposed this petition and argued that as the respondent No,2 has made out a case of further inquiry, therefore, he has rightly been released on bail.
7. Learned counsel for respondent No,2 also stated that in investigation it has come on record that the pistol used in the commission of offence belongs to Asghar Hayat Constable, therefore, respondent No,2 could not be held responsible for commission of offence.
8. We have heard learned counsel for the parties and have also gone through the record, which has been made available for our inspection by learned Assistant Advocate-General. It may be noted that as per the statement of P.W-Amir who received injuries during the incident, it was Shehzad who had fired upon Asghar Hayat Constable. Besides, in the F.I.R., Shehzad was named as an accused and responsible for commission of the offence. Undoubtedly, in such-like cases, it is said that accused has made out a case of further inquiry. In view of the law laid down by this Court in the case of Asmatullah Khan v. Bazi Khan and another (PLD 1988 SC 621) merely for such reason accused would not be entitled for grant of bail because mere possibility of further inquiry which exists almost in every criminal case, is no ground for treating the matter as one under section 497(2), Cr.P.C. After having gone through the statement of P.W. Amir and taking into consideration the material on record, we are of the opinion that respondent No,2 was not entitled for grant of bail on the ground of further inquiry because there is overwhelming evidence against him to prima facie connect him with the commission of crime. Therefore, learned High Court while granting bail to respondent No,2 had not exercised its jurisdiction properly keeping in view the principle laid down by this Court in the case of Asmatullah Khan (ibid).
' Thus for the foregoing reasons, this petition is converted into appeal and allowe to respondent- Shehzad by learned High Court, is cancelled.
Bail cancelled.