TARIQ MAHMOOD Versus THE STATE

ORDER

This is an application for grant of pre-arrest bail to Tariq Mehmood petitioner in a case under section 307/34, P.P.C. registered at P.S. Wahdat Colony, Lahore, vide F.I.R. No..321/87.

2. The prosecution case is that the petitioner and another launched murderous assault on Mst. Sakina Bibi on 15-8-1987 in the area of Central Government Employees Colony, Wahdat Road, Lahore. As for the petitioner it has been alleged that he was armed with a pistol and fired shot hitting floor of the house and also causing injuries on the feet of the deceased.

3. Learned counsel for the petitioner submits that the medico-legal' report does not support the allegations against the petitioner that he caused fire-arm wound on Mst. Sakina, inasmuch as, the medical evidence shows that the injuries found on her person were caused by blunt weapon and that the petitioner has falsely been invovled in the case by complainant lady, who is an influential officer. The learned Advocate-General as well as the learned counsel for the State have opposed this application.

4. I' have considered the submissions made by the learned counsel for the parties with care. I find that neither the complainant nor the injured witness Mst. Sakina Bibi had any previous enmity with the petitioner to involve him falsely in the case, that in her statement recorded under section 161, Cr.P.C. Mst. Sakina Bibi has stated that the petitioner had fired shot resulting in injuries on her feet and that the medico-legal report does not exclude the possibility of injury No.1 having been caused by fire-arm. I also do not see any mala fides on the part of the police to involve the petitioner falsely in the case.

For what has been said above, the application is rejected.

S.A./T-32/L Bail refused.