MUHAMMAD RAFIQUE Versus State

MUHAMMAD NAWAZ ABBASI, J.--- This petition has been directed against the order, dated 28-2-2005 passed by the learned Judge in Chambers in the Lahore High Court, Lahore, whereby the bail sought by the petitioner in a case under section 324/34, P.P.C. registered against him on 24-12-2004 at Police Station, Ferozewala, District Sheikhupura, was declined.

2. The allegation against the petitioner is that on 23-12-2002 at 8-30 a.m. he along with his co-accused, attacked Muhammad Shafiq, complainant, and fired three successive shots at him which hit on lower part of his body. The petitioner remained absconder after the occurrence and was arrested on 25-4-2004. The High Court having taken into consideration the role attributed to the petitioner and his absconsion, dismissed the bail application.

3. Learned counsel for the petitioner has contended that the question of guilt or innocence of the petitioner is yet to be determined and mere delay in arrest, after the occurrence, cannot be treated as an absconsion of the petitioner to be considered a sufficient ground for refusal of bail. Learned counsel argued that notwithstanding the allegation of causing fire-arm injury, the tenor of the occurrence would create doubt qua the liability of petitioner under section 324, P.P.C. and case would fall within the ambit of subsection(2) of section 497, Cr.P.C. for the purpose of further inquiry into the nature of offence. The contention raised by the learned counsel has no substance. The petitioner is attributed direct role of firing at the complainant as a result of which he sustained' injuries on lower part of the body and mere fact that there was no injury on the sensitive part of the body, would not as such bring the case out of the purview of prohibitory clause of section 497, Cr.P.C. to claim the bail as of rule. This is correct that the disappearance of the petitioner, after the occurrence for a long time, may not be essentially an evidence of his guilty but it is an important factor to be considered at the trial which is in progress. Be that as it may, we in the given facts, do not consider it a fit case for grant of bail and without commenting on the merits in either way, dismiss this petition. Leave is refused.

N.H.Q./M-299/SC Leave refused.