NAWAZ ALIAS MANGA Versus STATE

ORDER

1. The petitioners, Nawaz alias Manga and Hamayyun Altaf, seek their post arrest bail in a case registered against them under sections 302/324/ 148/149, P.P.C. with Police Station Noor Shah, District Sahiwal vide F.I.R. No.281, dated 21-6-1993. In the said incident, Abdul Haq and Ghulam Murtaza were done to death while Liaqat and Zulfiqar P.Ws. were injured. It is forcefully contended by the learned counsel on the basis of medical evidence that there were two injuries having been found on Ghulam Murtaza and that one of the injuries was an exit wound. It is, therefore, submitted that there is no evidence to connect the petitioners with the commission of the crime of murder inasmuch as fatal injury was attributed to Farooq Altaf, co-accused of the petitioners. Learned counsel has drawn attention of the Court to the F.I.R. and the medical certificate of the deceased in support of his plea. The bail application has been opposed by the learned Law Officer and the learned counsel for the State on the ground that this is not the stage to go into the deeper appreciation of evidence.

2. 2.I have heard the learned counsel for the parties at some length and have also gone through the record with their assistance. The petitioners were mentioned in the F.I.R. as accused persons. The F.I.R. was promptly lodged inasmuch as the occurrence took place on 21-6-1993 at 6-30 p.m. while the matter was reported at 8-30 p.m. on the same day. The petitioners were armed with guns. They fully participated in the occurrence as already alleged in the A F.I.R. The question whether or not the petitioners caused any injury to the deceased and the P.Ws. would, of course, be determined during trial on the basis of evidence of the parties. The allegations are, indeed, serious in nature. The case of the petitioners does fall under the prohibitory clause and as such no relief can be given to them. The petition being without any substance is dismissed.

3. N.H.Q./N-276/L Bail refused.