MUHAMMAD SADIQ Versus STATE

ORDER

The petitioner seeks bail in a case registered under section 302/324/ 148/149, P.P.C. through F.I.R. No. 227/92 dated 23-7-1992 with Police Station Saddar Kehror Pacca, District Lodhran for murdering Ghulam Hassan. Later on another injured namely Sadiq Muhammad also died. According to the allegations in the F.I.R. the petitioner was very much present at the spot with his 7 mm rifle which according to All Muhammad, A.S.I. was also recovered from him.

2. Record has been brought by Ali Ahmad, A.S.I., P.S. Saddar, Kehror Pacca, District Lodhran from the trial Court from which it appears that three empties of 7 mm were also recovered from the spot. According to the statements of the witnesses under section 161, Cr.P.C. the petitioner was accompanied with other accused persons and opened fire which hit Muhammad Ajmal's right hand. According to the medico-legal report also Muhammad Ajmal sustained injury with a fire-arm at his right hand. In view of sections 148 and 149, P.P.C. and the fact that specific role has been attributed to the petitioner and his firing allegedly hit Muhammad Ajmal no case has been made out for grant of bail to him at this stage.

3. Learned counsel for the petitioner argued that Ashiq Muhammadalias Titi 1n the similar circumstances has already been granted bail by this court. The case of Ashiq Muhammad alias Titi co-accused is clearly distinguishable inasmuch as it was alleged that a rifle was recovered from him but only two pellets were recovered from the body of the deceased. He was not attributed any injury to other person, therefore, in those circumstances his case was found to be a case of further inquiry.

4. In this case as pointed out a specific role of causing injury to Muhammad Ajmal with fire-arm has been attributed to the petitioner, therefore, his case is not at par with Ashiq Muhammad. This bail application is dismissed.

N.H.Q./M-1622/L ?????????????????????????????????????????????????????????????????????????????????????????? Bail refused.