SOHAIL WAQAR alias SOHAILA Versus State

ORDER

MANZOOR AHMAD MALIK, J.--- Petitioner seeks bail after arrest in case FIR No.150 of 2013 dated 04.05.2013, offences under sections 302, 109, 148, 149, P.P.C., registered at Police Station Housing Colony, District Sheikhupura.

2. It is a case of double murder wherein two persons namely Mubashar Bhatti (husband of complainant) and Hafiz Muzammal (brother of complainant) lost their lives. Precise allegation against petitioner, as per the FIR, is that he along with Hafiz Liaqat and Muhammad Amin alias Bhola, co-accused, fired at Mubashar Bhatti with their respective weapons, which hit Mubashar on his back, buttocks and different parts of body and he succumbed to the injuries.

3. After hearing the learned counsel for the petitioner and learned Law Officer at some length and perusing the available record with their assistance, we have noted that petitioner has been specifically nominated in the FIR and specific role of firing at Mubashar Bhatti (deceased) has been attributed to him. The police have found him guilty during the investigation. He remained fugitive from law for a considerable period of time. So far as the conflict between the ocular account and the medical evidence, pointed out by the learned counsel for the petitioner is concerned, suffice it to observe, deeper appreciation of evidence is not desirable at the bail stage. It is for the learned trial Court to determine, after recording evidence pro and contra, the guilt or otherwise of the petitioner. The offence alleged falls within the prohibitory clause of section 497, Code of Criminal Procedure, which disentitles the petitioner for grant of bail.

4. For the foregoing reasons, this petition having no merit is dismissed and leave to appeal is refused.

MWA/S-36/SC Bail refused.