MUHAMMAD IQBAL Versus STATE

ORDER

Bail is being sought in the case registered vide F.I.R. No.121 of 24-6-1992 under section 302/324/148/149, P.P.C. at Police Station Miana Gondal, District Gujrat presently Mandi Bahauddin alleging the murder of complainant's son Mamraiz Ahmad and maternal-granddaughter Mst. Bivi alias Nusrat by gunshot firing of co-accused Allah Yar and Muhammad lqbal petitioner landing on former's forehead and left shoulder respectively; Mukhtar's shot on the latter's abdomen supplemented by Ghulam Rasul on the chest; causation of murderous assault inflicting fire-arm injuries by Muhammad Iqbal co-accused on Muhammad Akram's right thigh, Mukhtar Ahmad's on Muhammad Ashraf's left wrist and hand, Muhammad Azam petitioner on the latter's left thigh, Muhammad Inayat co-accused on Muhammad Riaz's right calf exhorting wreaking of vengeance for taking over possession of citrus orchard around 2-00 a.m.

2. Contending that petitioner No.l has been found innocent by the Investigating Agency while the injury ascribed to petitioner No.2 having been opined to be Ghyeir Jaifah is only punishable by three years on which count he has already served confinement of 1-1/2 years and principle of consistency viz. conferment of the concession to the co-accused, which has been opposed by the learned counsel appearing on behalf of the State.

3. Having considered the arguments canvassed at the Bar I am not persuaded by the contentions urged because prima facie ascription of injuries to the petitioners qua the deceased and the injured P.W. with particularity having been borne out, by the medical evidence constitutes reasonable grounds for believing their involvement in the offence, charged sharing commonality of A intent render them disentitled to be sought for concession ipse dixit of the police being not binding. Conversely interest of justice would be better served if the case is expeditiously concluded.

4. Consequently, declining bail, the learned trial Court, seized, of the matter, is directed to finalize the proceedings with reasonable despatch.

N.H.Q./M-1325/S Bail refused.