BASHIR AHMAD Versus THE STATE

ORDER

Petitioner seeks bail in a case registered with Police Station Allama Iqbal Town, Lahore for offences under section 392/34, P.P.C. read with section 17/6/79 of Islamic Law. The case was got registered by Fazal Muhammad with the allegation that on 2‑9‑1991 he was standing on the main gate of Kamran Block, Allama Iqbal Town, Lahore when two persons on cycle came there. They were armed with pistols and threatened the first informant with dire consequences and took away Rs.800 from his pocket. First informant raised alarm whereupon other people came and apprehended them. Both the accused fired twice with their pistols.

It was contended by learned counsel that the petitioner was not even present at the spot. Argued that the petitioner was not named by the complainant in the F.I.R. but the police because of ulterior motive involved him. Submits that recovery of currency notes would not improve upon the prosecution case. Relied upon affidavits sworn by the witnesses exonerating the petitioner. Contentions were opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the file. Petitioner was apprehended at the spot. Currency notes snatched from the first informant were also recovered at the spot. Pistol with which he was armed was found in his possession. There is no background of enmity between the parties which could suggest false involvement of the petitioner. Affidavits. relied upon cannot be gone into at this stage nor the deponents were produced in Court. No ground for bail is made out. Petition fails which is dismissed.

N.H.Q./B‑17/L Bail refused.